Terms of use

Effective date: January 14, 2021

 

Kaibaz®. It exists to evolve the way the world improves its health. These terms explain your rights and responsibilities when using Kaibaz®. If you have any questions, feel free to contact us at info@kaenz.com. Thank you very much for choosing Kaibaz®. The following terms and conditions constitute an agreement between you and Kaibaz®. (“Kaibaz or“ we ”), the operator of the Kaibaz® mobile application (the“ Mobile Application ”) the website, applications and related services provided by Kaibaz® and in which these terms of use are published or made reference (collectively, with the mobile application of the “services”). These terms of use along with our PRIVACY POLICY kaibaz.com/privacy-policies/ and HIPAA AUTHORIZATION (incorporated herein by reference and collectively into this “Agreement”) govern your use of the Services, as well as unregistered user or registered user. BY USING THIS OR ANOTHER ACCESS TO THE SERVICES AND / OR BY REGISTERING WITH US, YOU ACCEPT THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY AND RESOLVE ANY DISPUTES THAT YOU MAY HAVE WITH US OR THE SERVICES YOU MAY HAVE WITH US OR WITH US. FROM NEW YORK OR THE COUNTRY THAT APPLIES. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. Please note that we offer the services “AS IS” and without warranties. If you are registering an account or using the services on behalf of a person or entity other than yourself, you represent that you are authorized by such person or entity to accept this Agreement on behalf of such person or entity.

 

  1. ABOUT THE SITE

Although limited portions of the Services may be viewed without registering with us, to actively use the Services or access the Mobile Application you must register as a user and authorize the use and disclosure of your information in order to allow us to provide the Services and how you discloses in our Privacy Policy. You acknowledge that although some Content (as defined below) may be provided by individuals in the physical therapy profession, the provision of such Content alone does not create a physical therapist professional / patient relationship, and does not constitute an opinion, medical advice. , Diagnosis or treatment, but is provided to help you locate the appropriate care from a physical therapist, specialist, professional, or other provider (collectively, “Physical Therapists”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance and other materials provided, made available or otherwise through the Services and / By physical therapists in profiles or in direct answer to your questions. WE MAKE NO WARRANTIES, REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING PROFESSIONAL QUALIFICATIONS, EXPERIENCE, QUALITY OF WORK, COST OR PRICE INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELATION TO ANY CONTENT. IN ADDITION, WE DO NOT IN ANY WAY OF INDIVIDUAL OR ACCESSIBLE RECOMMENDATION THROUGH THE SERVICES.

 

  1. WE DO NOT OFFER MEDICAL ADVICE

The Content that you obtain or receive using the Services is for informational, scheduling and payment purposes only. All related information, including but not limited to information shared via emails and text messages from Kaenz®, comes from physical therapists and independent organizations and is for informational purposes only. THE CONTENT, IF THIS CONTENT IS PROVIDED BY OR / THROUGH THE USE OF THE SERVICES OR / THROUGH ANY OTHER COMMUNICATION FROM KAENZ®, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR REPLACES, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT HURT, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A PHYSICAL THERAPIST OR HEALTH PROVIDER BY SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL 911. USE OF THE CONTENT IS AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING OR OTHER PROFESSIONAL ADVICE ON HEALTH CARE OR MEDICAL CARE PROVISION. We do not recommend or endorse any specific tests, physical therapists, procedures, opinions, or other information that may appear through the Services. If you trust any Content provided through the Services, you do so only at your own risk.

 

     3. NO PATIENT / DOCTOR RELATIONSHIP

WE ONLY ACT AS A TECHNOLOGICAL PLATFORM TO CONNECT YOU WITH KAENZ PHYSICAL THERAPISTS WHO MAY BE INTERESTED IN PROVIDING YOU WITH AQUATIC PHYSICAL THERAPY SERVICES. NO MEDICAL PROFESSIONAL / PATIENT RELATIONSHIP IS CREATED, PERMITTED BY THE USE OF THE CONTENT, IF THIS CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER KAIBAZ® MEANS OF COMMUNICATION INCLUDING, BUT NOT LIMITED TO, “ FIND A PHYSICAL THERAPIST ”, OFFICIAL KAIBAZ® SOCIAL CHANNELS, KAIBAZ® EMAILS OR TEXT MESSAGES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND A THERAPIST. We have no control over, and cannot guarantee the availability of any physical therapist at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or for any injury resulting therefrom, or for any other injury resulting from or arising out of or related to the use of the Mobile Application or any Services. It is strongly recommended that you do your own research before selecting a physical therapist by making confirmed phone calls to the appropriate certifying or certifying authorities to verify the credentials and education listed and to verify further information on a particular physical therapist by confirming with the physical therapist, their current health care providers and professional associations relevant to the physical therapist.

 

  1. AUTHORIZATION AND ACKNOWLEDGMENT; IMPORTANT INFORMATION ABOUT THE PHYSICAL THERAPIST’S RELATIONSHIPS AND LISTS

Kaibaz® makes reasonable efforts to ensure that Physical Therapists only participate in the Services if they possess all the active licenses required by law to practice the specialties of the services offered by them and are not excluded from participation in the Medicare and Medicaid programs. Kaibaz® may also exclude physical therapists who, at Kaibaz®’s discretion, have engaged in inappropriate or unprofessional conduct. However, in relation to the use of the mobile application and the services to locate and schedule appointments with physical therapists, you understand that: YOU ARE FINALLY RESPONSIBLE FOR CHOOSING YOUR OWN PHYSICAL THERAPIST. The physical therapists listed through the Services with which you can book appointments with us. We will provide you with lists and / or profile previews of physical therapists that may be suitable to provide the services you seek based on the information you provide to us (such as information on insurance, hours, geographic location, and desired treatment style). In an effort to aid in the discovery of Physical Therapists and to allow the maximum variety and diversity of Physical Therapists participating in the Services, these lists and / or profile previews may also be based on other criteria (including, for example, the availability of Physical Therapists , Past selections and / or ratings of Physical Therapists by you or other Kaibaz® users, and Kaibaz® users’ past experience with Physical Therapists); But Kaibaz® (a) does not recommend or endorse any Physiotherapists, (b) makes no representations or warranties regarding these Physiotherapists or the quality of services they can provide, and (c) does not receive any additional information. Physical Therapists for presenting them (i.e., higher or better rankings) through the Services. Kaibaz® does not track or monitor Physical Therapist compliance with direct access rules or other similar applicable requirements (for example, if a referral or prescription from your doctor is needed for you to see a physical therapist), which may vary from a been to another. Please note that your insurance company may limit or refuse to reimburse you for reimbursable physical therapy services received without a prescription or a physician’s referral.

 

     5. THE SERVICES AND CONTENT AS INFORMATION AND EDUCATIONAL RESOURCES

Physical Therapist Content: Physical therapist profiles and other practice-related content are intended for general reference purposes only. Such Content may be provided by Physical Therapists and / or their office staff, or collected from other data sources that are not confirmed by Kaibaz® and cannot be confirmed by the Physical Therapist. This Content frequently changes frequently and may become outdated, incomplete or inaccurate. Neither the Mobile App nor Kaibaz® provide any advice or qualification certification on a particular Physical Therapist. We encourage you to independently verify such Content. Procedures / Products / Services: The procedures, products, services and devices presented through the Services are not appropriate for all people, patients or all clinical situations. All products, services or devices represented through the Services by Physical Therapists or other participants of the Services are presented for your awareness and do not necessarily imply, we do not make any claims about the safety or suitability of a particular individual or prediction of effectiveness. , Result or success. Insurance Content: Insurance and insurance related content (including, without limitation, insurance coverage and benefit content) is intended for general reference purposes and for your convenience only (“Insurance Content”). Such insurance content is based on the personal information (as defined below) that you provide to us, as well as the content of the physical therapist. Insurance content is provided directly by the insurance provider that you identify or through a third-party clearinghouse. The content of the insurance often changes frequently and can become outdated, incomplete, or inaccurate. In order to improve (but not guarantee) the accuracy of insurance content, you acknowledge and agree that (a) you will provide accurate and complete insurance-related personal information and (b) verify and update your insurance-related personal information Including, without limitation, verification of such Personal Information obtained by automated means from an insurance card that you provide); Kaibaz® will not be liable for your failure to comply with sub-parts (a) or (b) of this document, nor for any inaccurate, incomplete or outdated insurance content, regardless of the reason.

 

  1. REGISTRATION

As part of the registration process, you will provide an email address and create a password. These are your credentials to access the Services that are only available to registered users (“Credentials”). You must keep your credentials private and not share your credentials with anyone else. You must notify us immediately if your password has been stolen or compromised by sending an email to info@kaenz.com.

 

  1. YOUR PERSONAL INFORMATION

To register for an account to use the Services (including the mobile application), you must provide certain basic information about yourself. In addition, you can choose to voluntarily share additional information in order to benefit from all the services we offer. Our Privacy Policy details how we may use, share, and maintain your information, which may include, without limitation, your name, address, social security number, and contact information; Insurance information; Medical history and current needs; Billing information; And other information that is requested by Kaibaz® or voluntarily provided (“Personal Information”). By submitting such information, you authorize Kaibaz®, its employees, agents, and others acting on your behalf to use and / or disclose such information in accordance with our Privacy Policy. Please carefully review the Privacy Policy, as your use of the Services constitutes your agreement with it. If you choose to enter information on our Case History Form on behalf of yourself or a third party for whom you are authorized to provide such information, you authorize us to provide such information to any Physical Therapist with whom you have scheduled an appointment through the Services. You acknowledge and agree that such information may be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Kaibaz® may use the data or information that you provide in a Case History Form in accordance with our Privacy Policy.

 

  1. RESPONSIBILITIES

      8.1 Your General Responsibilities

You are responsible for all payments you incur through your use of the Services, including the Kaenz service fee for facilitating an aquatic therapy session (“Kaibaz® Service Fee”) and charges for your appointments with Kaibaz Physical Therapists ( “And together with the Kaibaz® Service Commission, the” Rates “). You must resolve any dispute, including any Fee dispute, between you or any Physical Therapist arising out of an appointment or other transaction made through the Services directly with the Physical Therapist. You are responsible for all use of the Services and all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Mobile App Services for lawful, non-commercial purposes. You may not use the Services in any way that could damage, disable, overload or impair our servers or networks, or interfere with the use and enjoyment of the Services by third parties. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or part of the Mobile Application or Services (including, without limitation, Physiotherapist or practice information, appointment availability, pricing information, and Insurance Content) for any purpose. In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions under this document and to enforce these Terms of Use.

 

      8.2 Restrictions on Personal Use by Physical Therapists and Others in the Healthcare Industries

Regardless of whether you are a user or if you plan or intend to schedule appointments through the Services, if you are a physical therapist or other person or entity in the medical or health industry, you acknowledge and agree that: (A) Unless You have registered a Physical Therapist account with us to offer services as a Physical Therapist through the Services, you will not use the Services for any purpose other than your personal use as a patient or prospective patient. (B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; The types, frequencies or quantities of any product or service offered; Or the customer or customer categories for any product or service, or otherwise engage or attempt to participate in pricing, production restriction, or customer or market allocation. (C) You will not use the Services, directly or indirectly, to engage in anti-competitive, deceptive or unfair practices, or otherwise violate antitrust, competition or consumer protection laws or regulations.

 

  1. CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS

      9.1 Changes to the Services

You acknowledge and agree that the form and nature of the Services provided by Kaibaz® may change from time to time without prior notice. You agree that Kaibaz® will not be liable to you or any third party for any suspension or suspension of any of the Services or part thereof.

 

      9.2 Additional terms

Some of the Services may have additional terms (including, without limitation, policies, guidelines, and rules) that will further guide your use of that particular Service and supplement this Agreement. If you choose to register, access or use any of these Services, additional terms may be presented to you. By using these Services, you agree to comply with the additional terms that are incorporated by reference into this Agreement.

 

  1. LINKS TO OTHER SITES

The Services may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, illegal, or inaccurate. These links are provided for your convenience and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible for the content or accuracy of these other websites.

 

  1. CONTENT YOU SEND

You will have the opportunity to submit comments about your experiences with Physical Therapists that appear through the Services and to submit questions about possible needs (collectively “Posted Information”). It is important that you act responsibly when providing published information. All published information must comply with our Acceptable Use Policy, as detailed in Section 12 of these Terms below. Kaibaz® reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates this provision or the Acceptable Use Policy, including, without limitation, removing any offensive communication from the Services and canceling of the membership of such violators or blocking their use of the services. By posting Posted Information through the Services, you accept and hereby grant, and you represent and warrant that you have the right to grant, to Kaibaz® and its contractors an irrevocable, perpetual, royalty-free, fully sub-licensable, The worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such Posted Information and to adapt, edit, translate, prepare derivative works or incorporate such Posted Information into other works. This license is not exclusive, except that you agree that Kaibaz® will have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Kaenz® users for the purpose of building or populating a database. of reviews and information related to the physical therapy industry.

 

  1. ACCEPTABLE USE POLICY

    12.1. Restricted uses

You agree not to use the Services in any unlawful, infringing, devious, or disruptive way; In any way that violates the intellectual property, privacy or other rights of another party; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property. Without limiting any of the above, you agree that you will not (and you agree not to allow third parties):

  • Copy, modify, adapt, translate or reverse engineer any Content, the Mobile Application or the Services;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Mobile Application and / or the Services or on any Content;
  • Use any robot, spider, site search / retrieval application or other automated device, process or means to access, retrieve or index any portion of the Mobile Application and / or the Services;
  • Access or retrieve any Content or part of the Mobile Application and / or the Services for the purpose of building or populating a database of reviews or other Content related to the physical therapy industry;
  • Reformat or frame any Content or part of the web pages that are part of the Mobile Application and / or the Services;
  • Fraudulently or intentionally abusing the Services, including, without limitation, scheduling an appointment with a Physical Therapist that you do not intend to keep or do not intend to pay using the Transaction Processing Services (as defined in Section 14);
  • Create user accounts, book appointments or send information published by automated means or under false or fraudulent pretexts;
  • Collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
  • Use any means, included in the software, to perform the web scraping of any part of the mobile application, its content or materials and / or services.

 

     12.2 There is no spam.

You may not use the contact information provided by our users or Physiotherapists, or use such information for the purpose of sending, or to facilitate the sending of unsolicited mass communications, such as SPAM. You cannot allow other users to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or someone using your Credentials violates these provisions.

 

     12.3. User content

In accordance with these Terms of Use, you can submit comments, submit questions, and other posted information about your experiences with a physical therapist who was booked through the Services. When providing feedback, please give clear and honest information about the physical therapist and her experiences, but do not use inappropriate language, make gratuitous personal comments or criticisms, or provide information that others can use to determine your identity. When you participate in interactive or community aspects of the Service, do not post any information that another user or Physical Therapist may use to individually identify you, but do include all relevant information in a concise manner to help us provide you with a useful response. We reserve the right to publish your published information as part of the services and also to delete your published information for any reason. However, we are not responsible for any failure or delay in the publication or deletion of the published information. Please note that the information posted by others is merely opinion and should not be relied upon. Without limiting the generality of the foregoing:

  • You are solely responsible for any Posted Information that you submit, post or display through the Services or that you transmit to other users of the Mobile Device Application.
  • You may not post, distribute, or reproduce in any way material protected by copyright, trademark, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, appropriates or infringes the intellectual property, publicity, privacy or other rights of any party.
  • You may not provide any posted information that falsely expresses or implies that such content or material is sponsored or endorsed by Kaibaz®.
  • You may not provide any posted information that is illegal or that promotes or encourages illegal activity.
  • You understand and agree that Kaibaz® may (but is not obligated to) review and delete any Posted Information that Kaibaz® believes violates the Terms of Use, or that may be offensive, illegal, or that may violate rights. security of other users of the Services and / or other users of the website.
  • You agree that you will only provide published information that you believe to be true.

You may not submit posted information that:

  • It is false, misleading or misleading;
  • Harass or defend the harassment of another person;
  • It involves the transmission of unsolicited mass mailings or “spamming”; violates or infringes.

 

     12.4. Copyright Dispute Policy

Kaibaz® adopts the general copyright infringement policy in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Kaibaz Designated Agent to Receive Notice of Claimed Violation (“Designated Agent”) is provided at the end of this section. Kaibaz® Policy: Our policy is to (a) block access to or remove material that you believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, other users ; And (b) remove and discontinue the Service to repeat offenders. Procedure for reporting copyright infringements. If you believe that the material or content found on or accessible through the Services infringes copyright, please submit a copyright infringement notice containing the following information to the Designated Agent listed below ” Notice of Bona Fide Violation ”

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
  • Identification of infringing works or materials;
  • Identification of the material that is alleged to be infringing, including information on the location of the infringing materials that the copyright owner intends to remove, in sufficient detail for Kaibaz® to be able to find and verify their existence;
  • Contact information for the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to file the complaint on behalf of the copyright owner.

Upon Receiving a Notice of Bona Fide Violation. Once the Designated Agent has received an appropriate Bona Fide Violation Notice, it is Kaibaz’s policy to:

  • Remove or disable access to the infringing material;
  • Notify the content provider or user that they have removed or disabled access to the material; and
  • For repeat offenders, to cancel the content provider or user access to the Service.

Procedure for submitting a Notification Contract to the Designated Agent. If the content provider or user believes that the material that was removed or to which access was disabled does not infringe, or the content provider or user believes that they have the right to publish and use such material from the copyright owner, Agent or by law, the content provider or user must send a counter-notification containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the provider or user of the content;
  • Identification of the material that has been removed or to which access has been disabled and the location in which the material appeared before it was removed or disabled;
  • A statement that the content provider or user has good faith that the material was removed or disabled as a result of error or misidentification of the material; and
  • The name of the content provider or user, address, telephone number and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which it is located the address of the content provider or user, or if the content provider or user address is outside the United States, for any judicial district in which Kaibaz® is located and that person or entity agrees to the process of notification of the alleged infringement.

Elimination. If the Designated Agent receives a counter-notification, Kaibaz® may send a copy of the counter-notification to the original complaining party informing them that they can replace the removed material or stop disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed material can be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter notification at Kaibaz’s discretion. Address of the designated agent. Contact Kaibaz’s designated agent to receive a notification of claimed infringement at info@kaenz.com.

 

  1. USE OF CONTENT

All content is the property of us or our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain information unique to Kaibaz. We give you permission to use the aforementioned content for personal and non-commercial purposes and we do not transfer any intellectual property rights to you by virtue of allowing your use of the Services. You may print, download and store information from the mobile application for your own convenience, but you may not copy, distribute, publish (except as permitted in this paragraph), sell or exploit any of the content or exploit the mobile application or Services on in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided in this document, neither Kaibaz® nor the Physiotherapists grant you express or implied rights, and all rights in the Mobile Application and Services not expressly granted by Kaibaz® to you are retained by Kaibaz®.

 

  1. FEES, PAYMENT AND TRANSACTION TREATMENT

    14.1 Generally

You may be permitted to use the Services to pay for Physical Therapy Fees and Kaibaz® Service Fees associated with Kaibaz sessions provided by the applicable Physical Therapist. In connection with such payments, the Kaibaz payment processor processes your payment card information in accordance with our Privacy Policy. While Kaibaz® may provide you with Insurance Content to help you process any insurance claim, the sessions you participate in with the Physical Therapists you connect with through the Services may or may not be covered by your insurance and it is your sole responsibility. Contact your health plan, determine if coverage applies, and submit a claim. You are responsible for the full fees (and for paying the fee before your appointment) regardless of whether you may later receive reimbursement from your health plan for part or all of the cost.

 

    14.2 How to book a Kaibaz therapist.

There is no charge to register with us or download the Kaibaz® app on your mobile device. Fees are charged only when you actually use the services by scheduling a session with a physical therapist. According to the number of users for the session is the rate that will be applied and that the system will receive, paid to the therapist and a Kaibaz® Service Charge retained by Kaibaz®. Our session cancellation policy is 24 hours before the time requested as an appointment, for which the therapist or the user can cancel the session until that time, after that the charges are made and each part of fulfilling their role. We reserve the right to make changes to the fee structure, including introducing a fee in the future to download the Kaibaz® app or to register with us. If we decide to make such modifications, we will inform you of the fees before incurring charges. Before scheduling an appointment with a physical therapist, carefully review (a) the fees, (b) the cancellation policy, and (c) all products and services that are included and excluded in each session. You and your physical therapist are responsible for accepting any additional or different services, and the fees associated with such modifications. WE ARE NOT RESPONSIBLE FOR YOUR AGREEMENT OR FOR ANY PHYSICAL THERAPEUTIC CONTRACT OR FOR NOT OBTAINING AN AGREEMENT ON ANY ADDITIONAL OR DIFFERENT SERVICES.

 

    14.3. Responsibility for fees

The Kaibaz® service fee reflects the value of the services provided by Kaibaz®. You acknowledge and agree that: (A) You are responsible and will pay the Fees for the sessions reserved through Kaibaz®; (B) You remain responsible for paying all amounts required by law and / or contract (for example, health plan agreement), including all cost-sharing obligations (such as copays, deductibles, and other coinsurance obligations); (C) Kaibaz® may process your payment, and may do so in collaboration with our payment processing partner; (D) Kaibaz® is not responsible for any physical therapy fees or other charges incurred for any product or service provided by a physical therapist; (E) Kaibaz® is not responsible for the charges presented for your treatment by physical therapists; (F) In the event that you discuss any Physical Therapy Fee or other fees collectible or charged through Kaibaz® by a Physical Therapist, you will resolve such dispute directly with the applicable Physical Therapist; (G) Using the services of the payment processor of Kaibaz (“Transaction Processing Services”), you agree to the terms of use and privacy policy of our payment processing partner with respect to the Transaction Processing Services; and (H) You will immediately review all Fees and other charges processed through the Transaction Processing Services and immediately notify Kaibaz® to the extent you have questions, concerns, or disputes; In no event may you raise questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and You further acknowledge and agree that: neither Kaibaz® nor our payment processing partner will be liable if neither we nor our payment processing partner are unable to complete a transaction for any reason, including but not limited to:

  • If you have not provided us with accurate, current and complete payment information;
  • If you do not have enough available funds or available credit to complete the transaction;
  • If you do not have an active payment card, or if we cannot confirm your payment card information or identity;
  • If your account with us, your account with our payment processing partner, your access to the Services, or your access to the services of our payment processing providers has been terminated or suspended for any reason;
  • If we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
  • If we terminate or suspend the services that we provide to the appropriate physical therapist.

 

    15. SMS / TEXT COMMUNICATIONS.

We can send communications to you on your mobile phone by SMS or text message. The message and data rates of your mobile phone service provider may apply and are subject to the terms and conditions imposed by your provider. You can opt out of receiving future SMS or text messages from us by clicking the “opt-out” link at the bottom of any SMS or text message we send.

 

  1. THIRD PARTY SOFTWARE.

We may incorporate third-party software as part of some of the services, including, without limitation, third-party open source software. Use of this third-party software is subject to all applicable additional terms and conditions governing such use provided by the third-party software provider. Where applicable, you may provide additional notices related to third-party software, which, for example, may contain attribution and disclaimer notices applicable to third-party software.

 

  1. APPLE DEVICE AND APPLICATION TERMS.

(“Apple”) or an Application Obtained through the Apple App Store, the following apply: (A) both you and Kaibaz® acknowledge that the Terms of Use are between you and Kaibaz® only, and not with Apple , and that Apple is not responsible for the Application or the Content; (B) the Application License is granted to you in accordance with the terms and conditions set forth in the Agreement only to be used in connection with the Services for private, personal and non-commercial use; (C) use of the application only with an Apple device that the owner owns or controls; (D) you acknowledge and agree that Apple has no obligation to provide maintenance and support services with respect to the application; (E) in the event that the Application fails to comply with any applicable warranty, which may be implied by law, you may notify Apple of such failure; Upon notification, Apple’s exclusive warranty obligation to you is to refund the purchase price, if any, of the application; (F) you acknowledge and agree that Kaibaz®, and not Apple, is responsible for any claim that you or any third party may have in relation to the application; (G) You acknowledge and agree that, in the event of any third party claim of the petition, the assumption and use of the application infringes the intellectual property rights of such third party, Apple will not be responsible for the investigation, defense, settlement and discharge of any infringement claims; (H) you represent and warrant that you are not in a country subject to an embargo of the United States Government that has been designed by the United States Government as a country that supports the terrorist and that it is not included in any List of the governments of the United States prohibited or restricted; AND (I) both you and Kaibaz® acknowledge and agree that, in your use of the Application, you will comply with the applicable third party agreement terms that affect being affected by such use.

 

  1. DISCLAIMER OF WARRANTIES

We have no special relationship or fiduciary duty to you. You acknowledge that we have no control over, nor any duty to take any action with respect to: which users obtain access to the mobile application and / or services; What content you access through the mobile application and / or the services; What effects the content of the mobile application and / or services has on you; How you can interpret or use the content of the mobile application and / or the services; Or what actions you can take as a result of having been exposed to the content of the mobile application and / or the services. You release us from all liability for having acquired or not acquired content through the Mobile Application and / or the Services. The mobile application and / or services may contain or direct to websites that contain information that some people may find offensive or inappropriate. We do not make any representations regarding any content contained or accessed through the mobile application and / or services, and we will not be responsible for the accuracy, copyright compliance, legality or decency of the material contained or accessed. through the mobile application / or the Services. We make no representations or warranties with respect to suggestions or recommendations of services or products offered or purchased through the mobile application and / or the services. WE OFFER THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR WARRANTIES ABOUT THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SERVICES ARE MERCHANTABLE, ACCURATE OR OF QUALITY. NEED, OR NOT INFRINGED. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU CAN ACCESS OR USE THE SERVICES (DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR SITUATIONS OF YOUR CHOICE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS DOCUMENT, KAIBAZ® MAKES NO WARRANTIES ON THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. KAIBAZ® DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR DEFECT-FREE, THAT DATA LOSS WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER DAMAGES.

 

  1. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY BE TO YOU FOR ANY AND ALL CLAIMS RELATED TO OR RESULTING FROM YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATEST OF: (a) THE TOTAL FEE. , IF YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) $ 100; EXCEPT THAT, IN NO EVENT, WILL OUR CUMULATIVE LIABILITY FOR THIS DOCUMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF TRANSACTION FEE PROCESSING (AS DESCRIBED IN SECTION 14), IF ANY AND EITHER RECEIVED KAENZ® TO PROVIDE TRANSACTION HANDLING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT WHERE THE APPLICABLE CLAIM IS FILED. IN NO EVENT WILL WE BE LIABLE TO YOU (OR ANY THIRD PARTY WHO CLAIMS UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND / OR INABILITY TO USE THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIM FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF COMMERCIAL ASSETS, WORK STOP, COMPUTER MALFUNCTION OR FAILURE, ANY OTHER DAMAGE OR LOSS OF BUSINESS OR MALPRATICA MALPRATICA MALPRATICAL PROFIT OR SALE OF COMMERCIAL UTILIZATION. THROUGH THE USE OF THE SERVICE, YOU KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THESE STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR OF CLAIMS REGARDING CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDIENT DOES NOT KNOW OR SUSPECTS TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, HAVING MATERIALLY AFFECTED YOUR AGREEMENT WITH THE DEBTOR “.

 

  1. TERMINATION

We may terminate and / or suspend your user account and your use of the Services immediately, without prior notice, if there has been a violation of this Agreement or other policies and terms posted on the Mobile Application or through the Services by you or by someone who uses Your Credentials. We may also cancel or suspend your user account and your use of the Services for any other reason, including inactivity for an extended period. Kaibaz® will not be liable to you or any third party for any termination of your access to the mobile application and / or services. Furthermore, you agree not to attempt to use the Mobile Application and / or the Services after such deletion, deactivation or termination (provided that, in the event of deactivation due solely to your inactivity, you are allowed to re-register). Sections 2, 3, 4, 9, 11, 12, 13, 14, 18, 19, 20, 21 and 22 will survive any termination or expiration of these Terms of Use.

 

  1. INDEMNIFICATION

At our request, you agree to defend, indemnify, and hold harmless our employees, contractors, officers, directors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including (B) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property right, Property or other right of any person or entity, by you or any third party using your credentials. The above indemnification obligation does not apply to liabilities, claims and expenses that arise as a result of our own gross negligence or willful misconduct.

 

  1. MISCELLANEOUS

    22.1 Electronic contracting; Copyright dispute

Your affirmative act of using the Services and / or registering for the Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Terms of Use, and your consent to enter into agreements with us electronically.

 

    22.2 Changes to these Terms of Use

We may change these Terms of Use and the other documents that make up the Agreement at any time, as we deem reasonable. Following such change, we will post the changed terms in the mobile app; We may also try to notify you in some other way. Your continued use of the Mobile Application and / or the Services after such posting will constitute your affirmative acknowledgment of the Terms of Use or other applicable Agreement document, modification and agreement to abide by and be bound by the Terms of Use or other Applicable Agreement Document, as amended. We recommend that you periodically review these Terms of Use. IF YOU CHOOSE AT ANY TIME NOT TO ACCEPT THESE TERMS OF USE, INCLUDING FOLLOWING ANY CHANGES TO SUCH INHERITANCE, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

 

    22.3 Limitation of claims

No action arising under or in connection with this Agreement, regardless of form, may be brought by you more than one (1) year after the cause of the action arose; Actions taken after that are forever prohibited.

 

    22.4 Choice of Law; Class Action Waiver and Arbitration Clause – Important – Please Review This Affects Your Legal Rights

This Agreement shall be deemed entered into and shall be construed and executed in accordance with the laws of the State of New York applied to the contracts entered into and which shall be performed entirely in New York, without giving effect to the conflicts of laws of the State statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISCIPLINE INVOLVES THIRD PARTIES) WITH RESPECT TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES AND / OR YOUR USE OF THE SERVICES AND / OR YOUR USE OF THE SERVICES AND / OR OF PRIVACY AND / OR PUBLICITY, WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION FOR THE ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE EXPRESSLY REJECT THE JUDGMENT. Neither you nor we will participate in a class action or class-wide arbitration for any claim covered by this Agreement to arbitrate. YOU WAIVE THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM THAT YOU MAY HAVE AGAINST US INCLUDING ANY RIGHTS OF CLASS ARBITRATION OR ANY CONSOLIDATION OF ARBITRATION. You also agree not to participate in claims filed in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Law and not by any state law on arbitration. The sentence on the sentence handed down by the arbitrator may be presented in any competent court. Notwithstanding any provision of applicable law, the arbitrator will have no authority to award damages, remedies, or awards that are in conflict with these Terms of Service.

 

    22.5 Entire Agreement

This Agreement and the supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all prior written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that part will be construed consistently with applicable law to reflect as much as possible the original intentions of the parties and the remaining parts will remain in full force and effect. The failure of Kaibaz® to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Failure by either party to exercise in any respect any right provided in this document shall not be considered a waiver of any other right hereunder.

 

    22.6 Headings

The section headings in this Agreement are for convenience only, are not part of this Agreement, and do not limit, define, describe, modify, construe or interpret in any way the meaning, scope or intent of this Agreement or any term or condition. at.

 

    22.7 Assignment

We may assign this agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale, merger, or transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to another person and any attempt to do so in violation of this section will be null and void.

 

    22.8 Eligibility

You must be 13 years of age or older to register with us or use the Services. If you are between 13 and 18 years of age or the applicable legal age in your jurisdiction, you may use the Services only under the supervision of your parent or guardian who has agreed to the Terms of Use. If you are under 13 years of age, you may not use the mobile application or services. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of that minor child. By using the mobile application or services on behalf of a minor, you represent and warrant that you are the parent or legal guardian of that child and that all references in these terms of use to “you” will refer to that child or others. Person for whom you are authorized to participate in these Terms of Use on your behalf and you in your capacity as the parent or legal guardian of such child or as the authorized party of such person. If you do not qualify under these terms, do not use the Services. Use of the Services is void when prohibited by applicable law, and the right to access the Mobile Application is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and ability to enter into these Terms of Use and comply with all the terms and conditions set forth herein. The Services are administered in the United States and are intended for US users; Any use outside of the United States is the responsibility of the user and users are responsible for complying with local laws applicable to their use of the Services.