(a) Authorized Individuals. An Authorized Individual is an individual whom you authorize to access your AmpSport account on your behalf, and may include family members, caregivers and other support team members.
(b) Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage an AmpSport account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
(c) Dependent. A Dependent is a minor child or other individual for whom an Authorized Individual-Representative is the legal representative.
(d) Personal Information. personally-identifying information, including your name, mobile number, address and includes any health information and other unique identifiers.
(d) Authorized Provider. A healthcare provider, healthcare practice, or hospital that you authorize to provide and receive information about you and your personal medical needs, events and questions, which may include personal health information, through the Application and Service.
2. Legal Agreement
The Service is made available only to individuals who are at least 18 years old. If you are less than 18 years old, an Authorized Individual Representative may register and establish an account for your use.
3. Your Account; Authorized Individuals
You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your UserID and/or passwords and for any use of your account using such UserID or passwords. You agree to notify us promptly of any unauthorized access to or use of your account. AmpSport reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.
AmpSport may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual-Representative, and by doing so, you certify that you have such authority. AmpSport may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, communicate with your Authorized Providers and/or perform certain other actions through, the Service. You also may permit your Authorized Providers to communicate with such Authorized Individuals about your health status through the Service. You will be solely responsible for all use of the Service by such Authorized Individuals and may remove or add Authorized Individuals through the Application.
4. Use of the Service
The Service is provided to you for your personal use. The Service is intended to help you manage the outpatient rehabilitation process and communicate with your provider. You understand and agree that the Service is intended only as a tool and includes general information regarding outpatient rehabilitation, including common questions and issues, but that the information may not address any specific questions or issues specific to your individual circumstances.
You may use the Service to receive in-app notifications from your Authorized Provider or other third parties. AmpSport may also utilize the Service to send you notifications relating to your use of the Service, including reminders and customer service notifications, including notifications relating to any potential data breach and you hereby agree to receipt of such AmpSport messages.
If you are accessing the Service as an Authorized Provider or Authorized Individual, you acknowledge and agree that your use of the Service is under the account of and for the benefit of the registered user. You agree to comply with these Terms in connection with your use of the Service.
5. User Information
AmpSport is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. Some of our users may be “covered entities” as defined in and for the purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”) and the regulations adopted thereunder (collectively and as may be amended “Health Privacy Laws”). If we store, process or transmit individually identifiable health information (as defined under the Privacy Laws) on behalf of a covered entity, we may do so as “business associate” and as set forth in a separate business associate or provider agreement. In such cases, AmpSport is obligated to treat the individually identifiable health information in accordance with the applicable Health Privacy Laws.
If you are not a covered entity and you are registering for the Service for your own personal use, you understand and agree that AmpSport is not a healthcare provider or other “covered entity” for the purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that Personal Information provided by you to AmpSport or through the Service will not be subject to HIPAA requirements or deemed Protected Health Information for such purposes.
You shall retain ownership of all information and data you provide to AmpSport through the Service, including without limitation, any Personal Information and other text, graphics, audio, video, photographs and other materials you may store, post, distribute or provide through the Service (“User Content”). You are solely responsible for your User Content. You hereby grant to AmpSport the right to use and access the User Content as necessary or appropriate for the provision of the Service, including the reproduction, display, modification and distribution of the User Content through the Service.
6. Provider Access
As part of the Service, you may authorize and designate one or more Authorized Providers to receive and provide Personal Information about you, which may include personal health information and questions and information regarding your medical status, medical procedure(s) and recovery. You may use the Service to share certain Personal Information with such Authorized Providers. You may use the Service to communicate with such Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize an Authorized Provider to access your Personal Information in the Service and communicate with you via the Service that Authorized Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.
You acknowledge and agree that AmpSport is not responsible for any Authorized Provider misidentifying itself or any misuse of the data by such Authorized Providers or their authorized personnel. AmpSport’s sole liability and sole responsibility shall be to discontinue access to your account by any entity or individual which AmpSport learns misidentified itself/himself/herself or is otherwise misusing your Personal Information or account.
You may revoke any Authorized Provider's, other third-party's, or Authorized Individual's permission to (a) communicate with you through the Service; (b) access your information or account through the Service; or (c) receive or provide Personal Information to your account through the Service. However, copies of all of your Personal Information previously disclosed to such Authorized Providers, third parties, or Authorized Individuals may be retained by such persons or entities. AmpSport cannot, and has no obligation to, remove such information from the Providers, third-parties, or Authorized Individuals.
AmpSport is relying on you to review and assess the qualifications of your Authorized Providers and to make appropriate decisions with respect to Authorized Individuals. AmpSport does not examine the credentials of, perform background checks on, or give its endorsement to any Authorized Provider or Authorized Individual.
7. Authorized Individuals
You may grant access to your AmpSport account to one or more Authorized Individuals. You may grant an Authorized Individual access to your AmpSport account by specifically authorizing AmpSport to permit access by such Authorized Individual to your AmpSport account. When you grant access to an Authorized Individual, you may manage the level of access and/or control the Authorized Individual may have with respect to your account through the Service. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) AmpSport has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.
During AmpSport’s beta and evaluation period, AmpSport may provide the Service to users free of charge. However, AmpSport reserves the right to establish fees for your continued use of the Service at any time upon written or electronic notice. All new fees, if any, will be posted in appropriate locations on the Service. AmpSport reserves the right to change its fees, if any, from time to time in its discretion. If AmpSport establishes fees for use of the Service, you understand and agree that your access to and use of the Service may be terminated if you do not agree to pay such fees.
Regardless of whether AmpSport provides the Service free of charge or in consideration for the payment of fees, you will be solely responsible for any internet and wireless access required to use the Service and for the cost of all carrier and data access charges imposed by your service provider.
9. AmpSport Proprietary Rights
10. Restrictions on Use
Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses or mobile numbers) without their consent; (i) access or attempt to access any account or other use information to which you do not have permission; (j) create, transmit, or display User Content or other health or other information that you do not own or do not have the right to use; (k) post or send "spam," transmit chain letters or engage in other similar activities; (l) advocate illegal activity or discuss an intent to commit an illegal act; (m) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; or, (o) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by AmpSport, may harm AmpSport or users of the Service or expose them to liability.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on AmpSport’s infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
11. Maintenance and Support
AmpSport may make available to you from time to time at no additional charge, updates, revisions and new versions of the Application, and you agree to accept all such updates, revisions and versions. All updates, modification, revisions and new versions of the Application will be subject to these Terms. AmpSport will provide reasonable telephone or email support for use of the Service and use reasonable efforts to maintain availability of the Service. You understand and agree that from time to time the Application and Service may be unavailable due to maintenance or technical issues.
12. Modification and Termination
AmpSport may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, notwithstanding the rights you may have to your Personal Information, AmpSport may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. The connection to and access by your Provider may be modified, suspended, or terminated by your Provider at any time and without notice, however, you will still have access to your AmpSport account. You are solely responsible for maintaining your own copies of any Personal Information or other data maintained within the Service or of any communications received through the Service. AmpSport assumes no liability for any information removed from the Service. AmpSport also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. The Service is made available to you in support of one or more specific medical or healthcare procedures. Upon the completion of such procedure, your right to use and access the Service will terminate. Upon any termination of your access to the Service, you must cease all use of the Service.
You also have the right to terminate your AmpSport account. You may delete your AmpSport account at any time by using the functions available through the Service and deleting the Application from your mobile device.
13. Not Medical Advice
YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR THE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. COMPANY, ITS LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN AMPSPORT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE FOLLOWING OR CHANGING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE, APPROPRIATE AND EFFECTIVE FOR YOU. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PROCEDURE, TREATMENT, RECOVERY OR HEALTHCARE, PLEASE CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT ON THE SERVICE. THE APPLICATION AND CONTENT PROVIDED ON THE SERVICE SHOULD BE USED IN CONCERT WITH YOUR PHYSICIAN OR HEALTHCARE PROVIDER. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE.
14. Exclusion of Warranties
THE APPLICATION AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT THE SERVICE WILL BE TOTALLY SECURE. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL INFORMATION OR DATA TO THE EXTENT SUCH INFORMATION OR DATA IS BEING TRANSMITTED OVER THE INTERNET OR OTHER MEDIUM BEYOND THE CONTROL OR JURISDICTION OF COMPANY. YOU UNDERSTAND THAT COMPANY WILL TRANSMIT, MONITOR, RETRIEVE, STORE, AND USE INFORMATION YOU SUBMIT IN CONNECTION WITH THE USE OF THE SERVICE. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE TRANSMISSION OF ANY INFORMATION YOU SUBMIT, OR ANY THIRD PARTIES' USE OR MISUSE OF INFORMATION TRANSMITTED USING THE SERVICE.
NEITHER COMPANY NOR ANY OF COMPANY' LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY OF COMPANY' LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS, ADDRESSES THE NEEDS OF YOUR PERSONAL SITUATION OR IS ACCURATE, COMPLETE OR UP-TO-DATE. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER COMPANY NOR ANY OF COMPANY' LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
15. Limitation of Liability
NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE, INCLUDING ANY CONTENT AVAILABLE ON THE SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
Beta, Evaluation or Trial Use
If you have acquired a beta, free trial or evaluation subscription for use of the Service (a “Trial Use”), the following terms shall apply in connection with your Trial Use, notwithstanding anything to the contrary herein: (i) your Trial Use will be limited to the Trial period and with respect to the specific medical procedure for which you subscribe; provided however, that AmpSport may terminate any Trial Use at any time, with or without prior notice; (ii) your Trial Use may include limitations on the use of the Service; and (iii) your account will automatically terminate at the end of the Trial Use. Trial Use may include beta or other features that may not yet be commercially available and in such case we make no assurances that such features will be included in the commercial version of the Service, or that such features will not be substantially modified. Notwithstanding anything to the contrary herein, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICE UNDER ANY TRIAL USE AND COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES RESULTING FROM YOUR TRIAL USE. YOUR ONLY REMEDY FOR ANY BREACH OF THIS AGREEMENT BY COMPANY OR FAILURE OF THE SERVICES WITH RESPECT TO SUCH TRIAL USE IS TO TERMINATE YOUR USE OF THE SERVICE.
16. Third-party Content & Services
AmpSport may make third-party services available through the Service. AmpSport is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. AmpSport further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. COMPANY MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
17. Law and Venue
18. General Legal Terms
19, Apple Device and Application Terms. If you are accessing the Service via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each an “Application”), the following shall apply:
(a) Both you and AmpSport acknowledge that these Terms are concluded between you and AmpSport only, and not with Apple, and that Apple is not responsible for the Application or the content therein;
(c) Both you and AmpSport acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(d) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Apple and AmpSport, be AmpSport’s sole responsibility;
(e) Both you and AmpSport acknowledge that., as between AmpSport and Apple, AmpSport, not Apple, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
(f) Both you and AmpSport acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, AmpSport, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(k) Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Last modified: November 1st, 2017