Terms of Service
Last updated: May 12, 2026
Welcome to Athletico. These Terms of Service (“Terms”) are a legal agreement between you and Athletico Management, LLC (“Athletico,” “we,” “our,” or “us”) and govern your access to and use of the Athletico websites, platforms, and mobile applications, including https://www.athletico.com/ and the Athletico patient portal (https://my.athletico.com) (collectively, the “Services”). By accessing or using our Services in any way, including, without limitation, by clicking “I accept” when presented with these Terms in connection with the Services, you agree to be bound by these Terms. If you do not accept any of these Terms and/or you do not meet or comply with its provisions, you may not use our Services.
IMPORTANT NOTICE: YOUR USE OF OUR SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 10 OF THESE TERMS, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 10 OF THESE TERMS FOR MORE INFORMATION.
1. SERVICES
1.1 Grant of License. On the condition that you comply with all of your obligations under these Terms, and subject to any additional terms which we may present to you regarding certain features or functions of the Services or in any third-party licenses applicable to our Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Services. We reserve all rights not otherwise expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and limit your access to our Services. Any use of our Services that exceeds the rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the termination of your right to access and use our Services. Any third-party software included in our Services is licensed subject to the additional terms of the applicable third-party license.
1.2 Modification. We may discontinue or alter any aspect of our Services, restrict the time our Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Services without prior notice or liability to you. Your only remedy is to discontinue using our Services if you do not want a modification we make to our Services.
1.3 Removal of Access. Your access to our Services is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Services or any part thereof for any reason, in our reasonable discretion. Cause for such measures include, without limitation: (a) breach or violation of these Terms, or other incorporated agreements or guidelines; (b) discontinuance or material modification to our Services; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
1.4 Defects and Availability. We use commercially reasonable efforts to maintain our Services, but we are not responsible for any defects or failures associated with our Services, any part thereof, or any damages (such as consequential or indirect damages) that may result from any such defects or failures. Our Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which we may undertake from time to time; or (c) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Services are provided over the Internet, so the quality and availability of our Services may be affected by factors outside of our control. Our Services are not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Services. We do not represent, warrant, or guarantee that our Services will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Services being unavailable.
1.5 Restrictions. You may not: (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Services in any way, including any Athletico Materials or other data contained therein; (b) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Services are based; (c) use our Services or Athletico Materials to develop a competing service or product; (d) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Services, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services; (e) decrypt, transfer, create Internet links to our Services, or “frame” or “mirror” our Services on any other server or wireless or Internet-based device; (f) use or merge our Services or any component thereof with other software, databases, or services not provided or approved by us; (g) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Services; (h) use our Services for unlawful purposes; (i) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Services; (j) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Services for any reason; (k) access or attempt to access any other user’s account; (l) use any Athletico Materials made available through our Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (m) introduce into our Services any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Services, or perform any such actions; (n) introduce into our Services any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (o) delete, modify, hack, or attempt to change or alter our Services, Athletico Materials, or notices on our Services; (p) connect to or access any Athletico computer system or network other than our Services; (q) impersonate any other person or entity to use or gain access to our Services.
2. MATERIALS AND DATA ON OUR SERVICES
2.1 Athletico Materials. Our Services may include or provide access to content and materials made available by or on behalf of Athletico, including its design, functionality, features, software, text, graphics, images, and other materials (collectively, the “Athletico Materials”) whether or not protected by intellectual property laws. You are not acquiring any rights in or to the Athletico Materials other than a non-exclusive right to access and use the Athletico Materials solely in accordance with these Terms and solely in connection with your personal use of our Services. You understand and agree that Athletico’s rights in any Athletico Materials are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Athletico
2.2 User Content License. Our Services include features that allow you to upload, submit, store, or send data, information or content through our Services (collectively, “User Content”). By submitting User Content to our Services, you grant Athletico a transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sublicense through multiple tiers, dispose of, assign, create derivative works of, and compilations incorporating User Content for the purposes of: (a) providing our Services, and (b) carrying out other lawful business purposes, including but not limited to the creation of aggregated and de-identified data derived from User Content. We reserve the right to remove User Content from our Services at any time and for any reason without notification to you. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU POST OR PROVIDE THROUGH OUR SERVICES. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT, ATHLETICO MATERIALS, OR OTHER CONTENT YOU FIND ON OUR SERVICES ARE SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USER CONTENT PROCESSED THROUGH OUR SERVICES.
2.3 User Content Restrictions. You may not upload, post, or transmit any User Content that: (a) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Athletico or any third party; (b) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (c) violates any applicable law, statute, ordinance, or regulation; (d) puts in jeopardy the security of your account, Athletico or our Services; or (e) promotes or displays any of the following content: (i) pornography; (ii) violence; (iii) racial intolerance or advocacy against any individual, group, or organization; (iv) profanity; or (v) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from the Services. You understand and expressly acknowledge that by using our Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Services.
2.4 Feedback. We welcome your comments, feedback, information, or materials regarding our Services or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
2.5 Links; Third Party Materials. Our Services may include links to other websites or resources on the Internet, or utilize our Services or content of other third parties (collectively, “Third Party Materials”). Because we have no control over Third Party Materials or the administration of Third Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and Third Party Materials.
2.6 Ownership of Intellectual Property. Athletico or its licensors exclusively own all right, title and interest in and to our Services, the Athletico Materials, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “Athletico IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Athletico You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Athletico IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Athletico’s right, title and interest in the Athletico IP. Athletico is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Athletico IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Services, and which shall automatically terminate upon expiration or termination of these Terms. Any unauthorized use of any Athletico IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
3. ACCOUNTS
3.1 Eligibility. YOU MUST BE AT LEAST AGE EIGHTEEN (18) TO USE OUR SERVICES. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SERVICES, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. WE ENCOURAGE YOU TO INVESTIGATE COMMERCIALLY AVAILABLE PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SERVICES) THAT MAY ASSIST YOU IN LIMITING ACCESS TO MATERIAL CONSIDERED HARMFUL TO MINORS.
3.2 Registration. Certain features of the Services may require you to create an account. Patients may register for an account through the Services by completing the registration process and providing the requested information, which may include personal information and may constitute User Content under these Terms. Upon registration, you will create or be provided with account credentials, such as a username and password. You are solely responsible for maintaining the confidentiality of your account credentials and are the only person authorized to access and use your account.
3.3 Unauthorized Use and Information Changes. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
3.4 Storing Credentials. Our Services may allow you to store your login credentials in your web browser or in our mobile app or on your Mobile Device so that you can be automatically logged in each time you access our Services. If someone else has access to your computer, web browser or mobile device, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Athletico or our Services resulting from unauthorized access to our Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
3.5 Mobile Use. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using our Services on your mobile device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Services, for data downloading, email, text messages, for roaming, and other Mobile Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
3.6 Mobile Applications.
3.6.1 Application License Grant. Subject to your compliance with these Terms, Athletico grants you a limited, non-exclusive, non-transferable, revocable license to download, install and/or use the applicable mobile application, as part of the Services, on a single mobile device that you own or control. Furthermore, with respect to any Services accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, the Samsung Apps marketplace, Amazon Skills Store or any similar store or marketplace authorized by Athletico (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store when using the Services.
3.6.2 App Stores. If you downloaded the Services from an App Store, you acknowledge and agree that the availability of the Services is dependent on the App Store from which you received the Services. You acknowledge that these Terms are between you and Athletico and not with the App Store. The App Store is not responsible for the Services (including Services-related content, maintenance, support, and warranty) or addressing any claims relating to the Services (e.g., product liability, consumer protection laws, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the Services (if any). You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce these Terms.
3.6.3 Warranty Claim. In the event of any failure of the Services to conform to any applicable warranty, you may notify the applicable App Store and obtain a refund of any fees charged for the Services (if any) by the App Store. To the maximum extent permitted by applicable law, the App Store will not have any warranty obligation whatsoever with respect to the Services. As between Athletico and the App Store, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Athletico.
3.6.4 Accessing and Downloading the Services from the Apple App Store. If you download the Services from the Apple App Store, the following additional terms shall apply:
3.6.4.1 Scope of Terms. You acknowledge and agree that (a) the Terms are concluded between you and Athletico only, and not Apple, and (b) Athletico, not Apple, is solely responsible for the Services and content thereof. Your use of the Services must comply with the App Store Terms of Service.
3.6.4.2 Support Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
3.6.4.3 Remedies. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. As between Athletico and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Athletico.
3.6.4.4 Liability. You and Athletico acknowledge that, as between Athletico and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
3.6.4.5 Third-Party Infringement. You and Athletico acknowledge that, in the event of any third-party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, as between Athletico and Apple, Athletico, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
3.6.4.6 Third-Party Beneficiary. You and Athletico acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the Services, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the Services against you as a third-party beneficiary thereof.
3.6.5 Third-Party Terms. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the Services.
4. MOBILE TEXT MESSAGING AND EMAIL COMMUNICATIONS
4.1 Communications. By providing your mobile phone number and/or email address to Athletico, you consent to receive communications from Athletico and third parties acting on our behalf, including via SMS text message, phone call, and email. These communications may include, but are not limited to, appointment reminders, billing and balance notifications, patient portal invitations, clinical and care-related reminders, surveys, and promotional or marketing messages.
4.2 SMS Text Messaging. SMS messages are intended for individuals who are 18 years of age or older. By opting in to receive SMS messages, you acknowledge and agree that message frequency may vary. While message frequency will generally be fewer than five (5) messages per week, you may receive more messages depending on your interaction with our services (e.g., multiple scheduled appointments). Message and data rates may apply to messages sent to you from us and from you to us. You are responsible for any such charges imposed by your wireless carrier. Carriers are not liable for delayed or undelivered messages. You may opt out of receiving SMS messages at any time by replying “STOP” to any message you receive. After doing so, you will receive a confirmation message and will no longer receive that category of messages, unless you subsequently opt back in. If you need assistance, you may reply “HELP” to any message or contact us at OptOutRequest@athletico.com. Athletico does not share your mobile information with third parties for their own marketing purposes.
4.3 Email Communications. By providing your email address, you consent to receive emails from Athletico, which may include service-related communications as well as promotional or marketing messages. You agree that any device(s) or account(s) used to receive such communications are appropriately secured. You may opt out of receiving marketing or promotional emails at any time by clicking the “unsubscribe” link included in the email or by contacting us at OptOutRequest@athletico.com. Please note that you may continue to receive non-promotional, service-related communications as necessary for your care or use of our services.
5. APPOINTMENT GUIDELINES
5.1 Bookings and Cancellations. The Services may allow you to request or schedule appointments for in-person or virtual physical therapy services. By using these features, you agree that: (a) you will provide accurate and complete information when making a booking; (b) you will attend scheduled appointments on time or provide reasonable advance notice if you need to cancel or reschedule; (c) you will comply with any applicable cancellation or rescheduling policies presented at the time of booking; (d) repeated cancellations, no-shows, or other unreliable behavior may result in restrictions on your ability to use the Services; and (e) Athletico reserves the right to monitor booking activity and take appropriate action, including limiting or suspending access to the Services, in cases of misuse or abuse.
5.2 Virtual Visits. The Services may include features that enable you to participate in virtual visits or video-based interactions with Athletico physical therapists or other licensed healthcare professionals. By participating in virtual visits, you acknowledge and agree that: (a) such services are provided by licensed professionals in accordance with applicable laws and professional standards, which may vary by state; (b) telehealth services may not be appropriate for all conditions or situations, and your provider may determine, in their professional judgment, that an in-person visit is necessary; (c) you are responsible for ensuring that you have appropriate technology, internet connectivity, and a safe, private environment to participate in virtual visits; (d) technical issues, interruptions, or limitations of virtual communication may impact the quality or availability of services, and Athletico is not responsible for such disruptions outside of its control; (e) you will follow all instructions provided by your therapist and are responsible for your participation in exercises or activities during the session; and (f) you will comply with all applicable laws, including obtaining any required consent before recording, sharing, or distributing any portion of a virtual visit.
6. REPRESENTATIONS
6.1 Representations. You hereby represent and warrant that: (a) you (i) are at least the age of 18; and (ii) have the power and authority to enter into and perform your obligations under these Terms; (b) all information provided by you to us is truthful, accurate and complete; (c) you will comply with the terms and conditions of these Terms and any applicable laws in your use of the Services; (d) you will provide and maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (e) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (f) your User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party; (g) any information provided through the Services is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. You agree that you will not rely on any such information as a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider; and (h) (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.
6.2 Feedback Representations. In the event you provide any Feedback via our Services, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to these Terms; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
7. PAYMENT AND BILLING
7.1 Payment and Billing. Athletico offers multiple payment options for services rendered. By receiving services, you agree to be responsible for payment of all applicable charges, including any amounts not covered by insurance. Payments may be made through the following methods: (a) online via the “Pay Bill Online” feature using a valid credit or debit card with a CVV code; (b) by telephone through our customer service department; (c) by mail via check or money order sent with your patient statement to the address provided; or (d) in person at any Athletico clinic location.
7.2 Insurance. Athletico accepts most major insurance plans. As a courtesy, Athletico may verify your insurance coverage and provide an estimate of benefits prior to the start of services; however, such verification is not a guarantee of payment. You are responsible for understanding your insurance coverage, including any applicable co-payments, deductibles, co-insurance, referral requirements, pre-authorizations, or visit limitations. You agree to pay all amounts not paid by your insurance provider.
7.3 Good Faith Estimates. If you are uninsured or elect not to use insurance, you have the right to receive a Good Faith Estimate (“GFE”) of the expected charges for non-emergency services in accordance with applicable law. You may request a GFE prior to scheduling services. If you receive a bill that exceeds your GFE by $400 or more, you may have the right to dispute the charges as permitted by law.
7.4 Billing Inquiries. If you have questions regarding your bill or your insurance provider’s payment or denial of a claim, you are responsible for contacting your insurance carrier. If you believe your claim was processed incorrectly, you may be required to follow your insurer’s appeal process. Athletico is not responsible for the outcome of any such appeal. For questions regarding billing or payment, you may contact Athletico’s customer service department at 888-212-7925 during regular business hours.
8. DISCLAIMERS OF WARRANTY
8.1 NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR SERVICES (INCLUDING THE ATHLETICO MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SERVICES WILL BE CORRECTED, THAT OUR SERVICES AND ANY CONTENT OR INFORMATION FOUND ON OUR SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS. ATHLETICO WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
8.2 CONTENT. ANY CONTENT OR OTHER MATERIALS, INCLUDING THIRD PARTY CONTENT OR MATERIALS, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.3 NO MEDICAL ADVICE. YOU AGREE THAT THE INFORMATION PROVIDED ON THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE CONTENT AVAILABLE THROUGH THE SERVICES IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTHCARE PROVIDER, INCLUDING A LICENSED PHYSICAL THERAPIST. ATHLETICO PROVIDES OUTPATIENT PHYSICAL THERAPY AND RELATED HEALTHCARE SERVICES THROUGH LICENSED PROFESSIONALS; HOWEVER, ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ARTICLES, VIDEOS, EXERCISE DEMONSTRATIONS, COMMUNICATIONS, OR OTHER CONTENT, DOES NOT CONSTITUTE INDIVIDUALIZED MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHYSICAL THERAPIST, OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR TREATMENT PLAN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS AT YOUR OWN RISK. ATHLETICO IS NOT RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED SOLELY ON INFORMATION AVAILABLE THROUGH THE SERVICES. NOTHING IN THIS SECTION LIMITS THE PROFESSIONAL RESPONSIBILITIES OF ATHLETICO’S LICENSED HEALTHCARE PROVIDERS IN CONNECTION WITH CARE ACTUALLY PROVIDED TO YOU.
9. INDEMNITY; LIMITATION OF LIABILITY
9.1 Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, ATHLETICO, OUR AFFILIATES, AND ALL OF THEIR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL FIRST-PARTY AND THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OUR SERVICES, (B) YOUR VIOLATION OF THESE TERMS, (C) ANY USER CONTENT YOU PROVIDE THROUGH OUR SERVICES, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (E) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
9.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THEIR OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS FOR THE USE OF ANY OR ALL PARTS OF OUR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY DOLLARS ($50.00 USD).
10. DISPUTE RESOLUTION AND GOVERNING LAW, JURISDICTION AND COSTS
10.1 Governing Law. These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Illinois without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in DuPage County, Illinois. You hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in DuPage County, Illinois. You irrevocably submit and consent to the personal jurisdiction of such courts.
10.2 Dispute Resolution. You and Athletico agree that any and all disputes, claims or controversies arising out of or relating to your use of or access to our Services or Athletico Materials, these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms, including the determination of the scope or applicability of these Terms to arbitration (each, a “Dispute”), except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST Athletico. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
10.3 Informal Resolution. To the extent feasible, the parties desire to resolve any Disputes through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). To provide this opportunity to resolve any Dispute, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Athletico should be sent by mail to 2122 York Road, Suite 300, Oak Brook, Illinois 60523. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (a) include your name; (b) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (c) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. If we are not able to resolve any Dispute ourselves, you and Athletico agree to resolve such Dispute through confidential binding arbitration as set forth below.
10.4 Binding Arbitration. If you and Athletico are unable to resolve a Dispute through informal negotiations or in small claims court (as set forth below), either you or Athletico may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and determined by a court rather than an arbitrator. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms you and Athletico may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
10.5 Confidentiality of Proceedings. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law.
10.6 Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
10.7 Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 10 by emailing us at info@athletico.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing that only a court may be used to resolve any Dispute. Opting out will not affect any other aspect of the Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.
10.8 Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
11.1 Notice of Claimed Infringement. Athletico will comply with the Digital Millennium Copyright Act. If you have any copyright concerns about materials posted on the Services, you agree to let Athletico know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to Athletico’s designated agent. An effective notification contains the following: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All inquiries not compliant with the described procedure will not receive a response. For more information email info@athletico.com and include “IP Policy” in the subject line of your email.
12. MISCELLANEOUS
12.1 Term. These Terms are effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate these Terms at any time by immediately discontinuing all access to our Services. Termination or cancellation of these Terms will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate these Terms at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to our Services or any part thereof.
12.2 Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor Athletico will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
12.3 Equitable Relief. You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
12.4 Entire Agreement. These Terms and any hyperlinked policies and procedures constitute the entire agreement between you and Athletico with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update these Terms from time to time, and will post the updated Terms to our Services. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of our Services will constitute your agreement to any new provisions within the revised Terms.
12.5 Waiver; Severability. Our failure to enforce any provision of these Terms will not be deemed to be a waiver of our right to enforce them. If any term or provision of these Terms will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of these Terms will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of these Terms.
12.6 Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms. We may assign these Terms or delegate or subcontract our obligations under these Terms at any time.
12.7 Survival. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
12.8 Contact Us. You may contact us at info@athletico.com.