Terms and Conditions for use of R-U-Ontrak - United States of America

Effective Date: 1st December 2017

R-U-Ontrak Inc. and its affiliates (“R-U-Ontrak”, “we” or “us”) owns or controls and operates the R-U-Ontrak mobile application (the “App”) and website (the “Site” and together with the App, the “Platform”) to help you monitor and manage your health and activity goals  and any minor injuries (“tweaks”). These Terms & Conditions (these “Terms”) describe the terms and conditions upon which R-U-Ontrak provides you with access to and use of the Platform.

Before accessing and using the Platform, please read these Terms carefully because they constitute a legal agreement between you and R-U-Ontrak.

BY ACCESSING AND USING THE PLATFORM, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THESE TERMS;

  • YOU WILL COMPLY WITH THESE TERMS; AND

  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE 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 and not as part of any class or representative action. Please see “Disclaimer of Warranties”, “Limitations of Liability”, “Waiver of Right to Pursue Class Action Claims”, “Limitation on Time to Bring an Action” and “Agreement to Arbitrate Claims”; Jury Trial Waiver” sections below for more information.

Your affirmative act of using and/or registering for the Platform constitutes your consent to enter into agreements with R-U-Ontrak electronically. If you do not agree to any of these Terms, please do not use the Platform.

  • Changes to Terms

 

We may from to time to time modify these Terms. The Effective Date of these Terms is set forth at the top of this page. Please note that we may change or supplement these Terms from time to time. If any such changes materially alter your rights, we will notify you of these changes either by posting notice on the Platform or by sending you an email to the email address we have on file for you.  We will not make changes that have a retroactive effect unless we are legally required to do so. If you disagree with any changes to these Terms, you should terminate your use of the Platform. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.

 

  • Additional Terms

 

Certain features of the Platform, such as additional services, promotions, offers and research studies, may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Platform. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Platform.  Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Platform to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.

 

  • Privacy

 

Information that you provide to us or that we collect about you is governed by our Privacy Policy. Please review our Privacy Policy carefully before opening an account with us, using the Platform, or otherwise providing us with your information.

 

  • Electronic Communications

 

When you use this Platform, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages, in-app messages, and messages posted to your account on this Site.  You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.

 

  • Use of the Platform

 

The following rules apply to your use of the Platform:

  • You must be at least 13 years of age.

  • If you are under 18, you must have your parent or guardian’s permission to use the Platform.

  • You may use the Platform only for your own personal, non-commercial use, and only for legally permitted purposes. You may not re-sell any aspect of the Platform.

  • If you create an account with us (an “R-U-Ontrak Account”), you are responsible for all use of your R-U-Ontrak Account, including use by others to whom you have provided access to your R-U-Ontrak Account. You also are responsible for any use of your R-U-Ontrak Account by any person that is caused by your failure to secure your user ID or password.

  • You must not provide false or inaccurate registration credentials, impersonate any person or entity, and/or falsely claim an affiliation with any person or entity.

  • You must not remove, circumvent, disable, damage, or otherwise interfere with any: (i) security-related features of the Platform; (ii) features of the Platform that prevent or restrict use or copying of any content accessible through the Platform; or (iii) features of the Platform that enforce limitations on use of the Platform.

  • You must not intentionally interfere with, or damage operation of the Platform, or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.

  • You must not attempt to gain unauthorized access to the Platform, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or other improper or illegal means. You must not access or attempt to access other users’ R-U-Ontrak Accounts.

  • You must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express prior written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform, or modify the Platform in any manner or form.

  • You must not send automated queries of any sort to the systems and networks we use to provide the Platform without our express prior written permission.

 

The Platform is provided for your convenience in monitoring certain data related to your health. You understand that the Platform does not provide medical advice and you agree that your use of the Platform is solely at your own risk.

  • You understand that we are not a health care provider, nor are we providing medical advice, diagnosis, or treatment via the Platform. We have no professional healthcare relationship with you, and the Platform does not constitute the practice of medicine, nursing, physical therapy or other professional health care activity. You should always talk to your physician, physical therapist or other health care provider (“Health Care Provider”) for diagnosis and treatment, including your specific medical needs.

  • The Platform, its content, and any results obtained through your use of the Platform (the “Platform Content”) are for informational purposes only. The Platform and the Platform Content is not intended to be utilized for medical purposes and are not intended to diagnose, treat, cure or prevent any disease, ailment or injury. The Platform Content and results obtained through your use of the Platform should not be used in place of the advice of your Health Care Provider.  This Platform has not been evaluated by the Food and Drug Administration.

  • Information and results of your use of the Platform should be reviewed together with your Health Care Provider, and you should not take any action or refrain from taking any action based on any data or information you have collected through the Platform.

  • If you encounter any unusual or abnormal data or results through your use of the Platform, or if you have any questions about the data, you should consult with your Health Care Provider.

  • The content, products and services offered by R-U-Ontrak are offered for the purpose of educating consumers on general injury and/or tweak prevention and management, and in managing and monitoring injury recovery, conditions, tweaks and other health and fitness goals. No Platform Content or related services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

  • If you have an emergency, call 911 immediately.

  • You should never disregard medical advice or delay in seeking medical advice because of any Platform Content or any result you obtained from using the Platform.

 

The Platform contains functionality that allows you to create profiles, track others, and otherwise share information with other individuals. If you use any of these functionalities, you must: (i) have each individual’s permission prior to using their information, (ii) notify each such individual that you are collecting or using their information, and (iii) provide accurate notice to each such individual regarding how you will collect, use, track, and/or share their information, and the security measures you use to safeguard their information. If you are tracking multiple profiles, you will be solely responsible for ensuring all data is attributed to the correct user profile. R-U-Ontrak is not responsible for any consequences resulting from any data that is incorrectly attributed. You will indemnify, defend and hold harmless R-U-Ontrak for any claims brought by individuals based on your collection, use, sharing and/or disclosure of any individual’s information.

 

We may make changes to or discontinue any aspect of the Platform at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of any feature or component of the Platform.

 

  • Ownership of the Platform, Data and Content

 

We and/or our third party providers own the Platform, and you are granted only a limited right to use the Platform for your personal use. We grant you a limited, non-exclusive, non-transferable right and license to access and use the Platform, solely for your personal, non-commercial use. We and our licensors exclusively own all rights, title and interests (including all intellectual property rights) in and to the Platform, all Platform Content and all components thereof. Except for the limited license granted to you as provided above, we reserve all other rights. We may revoke this license at any time for any reason without any further obligation to you. You may not (nor may you permit others to) copy, modify, create derivative works of, display, perform or distribute any aspect of the Platform. You may not (nor may you permit others to) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code or trade secrets within the Platform. You are not granted any rights not expressly provided in these Terms.

 

All trademarks, trade names and logos appearing on or through the Platform (the “R-U-Ontrak Trademarks”) are owned by us or licensed by us. You may not use or display any R-U-Ontrak Trademarks in any manner without our prior written permission. We reserve all rights.

 

If you choose to provide us with any comments, suggestions, ideas or other feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

The Platform permits you to collect, enter, and upload your information for the purpose of managing your injuries, conditions and/or goals. All such data and information provided through your R-U-Ontrak Account is “Your Data and Content”. The following terms apply to Your Data and Content:

  • You agree that our Privacy Policy governs our collection, processing and use of Your Data and Content. Please review our Privacy Policy carefully before opening an R-U-Ontrak Account with us, using the Platform, or otherwise providing us with any of You Data and Content.

  • Notwithstanding anything to the contrary in these Terms, as between you and us, you always remain the owner of Your Data and Content.

  • You are entirely responsible for all of Your Data and Content. You represent and warrant that you have the necessary rights to provide Your Data and Content through the Platform. If you provide information related to anyone other than you, you represent and warrant that you have obtained such person’s express permission to provide such information to us.

  • By providing Your Data and Content, you grant us a perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid up right and license to access, use, create derivative works of, display, perform, distribute and otherwise exploit Your Data and Content (a) for purposes of providing the Platform to you; (b) to create non-identifiable information and to use and disclose it for any purpose not prohibited by law; (c) to aggregate Your Data and Content with other data sources for purposes not prohibited by law; (d) to create aggregate measures of Platform usage and performance; and (e) for our other business purposes; in each case subject to any restrictions under applicable law, and subject to our Privacy Policy.

 

  • Accessing the Platform

 

We do not guarantee that the App or any other aspect of the Platform is compatible with your operating system, browser, mobile device, or other software or equipment. If you access and use the Platform on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) relating to use of the Platform through your mobile device. By using the Platform, you understand that certain information about your usage of the Platform may be communicated to us.

 

  • App Updates

 

R-U-Ontrak may from time to time, in its sole discretion (without obligation), develop and provide updates for the App, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that R-U-Ontrak has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

 

Portions of the Platform may not properly operate if you do not install all Updates, so we encourage you to promptly install all updates. To that end, based on your mobile device settings, when your mobile device is connected to the Internet, either (a) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Platform and subject to these Terms.

 

  • Apple Device Additional Terms 

 

If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of these Terms:

  • Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Platform via an Apple Device.

  • Agreement with R-U-Ontrak, Not Apple. You acknowledge that these Terms are an agreement between R-U-Ontrak and you, and not with Apple. R-U-Ontrak, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.

  • Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

  • Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If R-U-Ontrak decides (in its sole discretion) to provide support and maintenance services for an iOS App, R-U-Ontrak is solely responsible for providing such services.

  • Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by R-U-Ontrak in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is R-U-Ontrak’s sole responsibility. Notwithstanding the foregoing, R-U-Ontrak is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.

  • Product Claims. You hereby acknowledge that R-U-Ontrak, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit R-U-Ontrak’s liability beyond what is permitted by applicable law.

  • Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, R-U-Ontrak (if and to the extent set forth in these Terms), not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Third Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.

  • Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to Customer Service at hello@r-u-ontrak.com,+61 473187236 (AUS) or PO Box 335, Sandringham, Victoria, 3191, Australia.

 

  • Third-Party Sites & Services

 

We do not control and are not responsible for sites and services provided by third parties, even if linked to or accessed through the Platform (collectively, “Linked Services”). The inclusion of a link does not imply endorsement by R-U-Ontrak of the Linked Service or any association with the operators of the Linked Service. R-U-Ontrak does not investigate, verify or monitor the Linked Services. R-U-Ontrak provides links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms and conditions of use and other legal provisions applicable to the Linked Services.

 

  • Termination

 

Either you or we may terminate our relationship at any time, with or without cause. In addition, we may deactivate, terminate or suspend your account at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for R-U-Ontrak; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Platform, or (e) due to unexpected technical issues or problems. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them.

 

Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

 

  • No Warranties

 

You understand and agree that we do not provide any warranty with respect to the Platform. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Without limiting the foregoing disclaimer, you understand that R-U-Ontrak makes no warranty and expressly disclaims all warranties (a) with respect to the accuracy, completeness, currency or reliability of the Platform, including the Platform Content and results and data collected through your use of the Platform; (b) that the Platform will meet your requirements, (c) that operation of the Platform will be uninterrupted or virus- or error-free or (d) that any errors in the Platform can or will be corrected. No advice or information obtained through your use of the Platform, whether oral or written, will create any warranty not expressly made herein. You expressly acknowledge and agree that use of the Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

 

  • Limitations of Liability

 

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND OUR LIABILITY TO YOU IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT TO THE EXTENT ANY LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY. YOU UNDERSTAND AGREE THAT, EXCEPT TO THE EXTENT ANY LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, R-U-ONTRAK’S MAXIMUM AGGREGATE LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO (a) THE TOTAL FEES PAID BY YOU TO R-U-ONTRAK DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY or (b) IF NO FEES ARE PAYABLE BY YOU FOR SUCH PERIOD, FIFTY ($50) U.S. DOLLARS.

 

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY 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 R-U-Ontrak would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

 

IF YOU ARE A CALIFORNIA RESIDENT, 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.”

 

  • Defense and Indemnification

 

You are responsible for your actions. If we (or any of our employees, directors or agents, or other users of the Platform) are sued or if any claim or action is made or brought against us (or any of our employees, directors or agents, or other users of the Platform) related to anything you do or omit to do (including your (i) use or misuse of the Platform, (ii) any claim related to Your Data and Content, (iii) your violation of these Terms, (iv) your violation of the rights of any other person or entity or (iv) your violation of any applicable law), you will pay any damages, losses, liabilities, expenses, settlement amounts or costs (including attorney’s fees) that we (and/or they) incur as a result of the suit or claim, and, if we request it, you will defend us (and/or them) against the suit or claim.

 

  • Governing Law

 

These Terms shall be governed by, and construed in accordance with, the substantive laws of the State of Colorado, without regard to the choice of law provisions of any jurisdiction.

 

  • Waiver of Right to Pursue Class Action Claims

 

You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You and R-U-Ontrak agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

 

  • Limitation on Time to Bring an Action

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Platform brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.

 

  • Agreement to Arbitrate Claims; Waiver of Jury Trial

 

By agreeing to these Terms, both you and R-U-Ontrak are waiving the right to a jury trial on any disputes that may arise.

 

You agree to arbitrate all disputes between you and us. If a dispute arises between you and us relating to the Platform or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and we agree to the following rules relating to any arbitration proceeding:

  • YOU AND R-U-ONTRAK WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

  • The venue for all disputes arising under these Terms shall be in Denver, Colorado, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.

  • The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.

  • The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, which may be extended 30 days in the interests of justice.

  • All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

  • The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.

 

Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, R-U-Ontrak will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse R-U-Ontrak for all fees associated with the arbitration that R-U-Ontrak paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

 

  • General Legal Terms

 

You and we agree to be bound by the following general terms:

  • These Terms, which include our Privacy Policy, contain the entire understanding by and between R-U-Ontrak and you with respect to the matters contained herein.

  • Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.

  • Except as described in the section entitled “Changes to These Terms,” these Terms may not be amended unless in writing and signed by you and us.

  • If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.

  • Nothing contained in these Terms will be deemed to constitute R-U-Ontrak or you as the agent or representative of the other or as joint venturers or partners.

  • These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.

  • You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable by us without your consent.

  • A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  • You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Platform.

  • Headings and captions are for convenience only.

 

  • Contact Us

You can email or write to us with any questions or comments at the following contact information:

R-U-Ontrak
Attn: Customer Service
PO Box 335, Sandringham, Victoria, 3191, Australia
hello@r-u-ontrak.com

+61 473187236 (AUS)

 

Version 01.12.17 V2

 
 
 
 
 
 
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