Terms of Use: MyAdvocate Vape Recovery
Last Updated: January 24, 2023
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MYADVOCATE VAPE RECOVERY MOBILE
APPLICATION.
1. Introduction.
Your health is very important to us. ALWAYS
consult your doctor about changes in your health. The App is not a substitute
for your doctor, nor is the App meant to supplement, let alone replace, the
information provided by doctors, pharmacists, or other health professionals. By
accepting these Terms of Use, you acknowledge and agree that you are solely
responsible for your health.
The use of
the App by users (“you”, “your” or “users”) is subject to the terms and
conditions contained in these Terms of Use (“Terms”). Please read these Terms carefully before you
install, access, or use the App. These
Terms are legally binding, and your use of the App serves as your acceptance of
the Terms. If you do not agree with any
of the Terms, you are not permitted to access or use the App.
We may
amend the Terms by posting the amended versions on our website or in the App. You agree that either of the foregoing will
constitute sufficient and effective notice.
By continuing to use the App more than 30 days after we post an amended
version, you confirm your acceptance to the Terms as amended. If you do not agree with any of the changes,
you must immediately stop using the App and your license to use the App will
immediately terminate.
IMPORTANT: PLEASE REVIEW THE ARBITRATION
AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES
WITH RAISONANCE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION,
AND NOT BY A JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS
AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT
DECISION.
2. DISPUTE RESOLUTION; ARBITRATION AGREEMENT;
CLASS ACTION AND JURY TRIAL WAIVER
BY
AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM
THAT YOU MAY HAVE AGAINST RAISONANCE ON AN INDIVIDUAL BASIS IN ARBITRATION, AS
SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS,
JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST RAISONANCE,
AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY
CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED
ACTION BROUGHT AGAINST RAISONANCE BY SOMEONE ELSE.
Most
disputes that arise out of the use of the App can be resolved quickly,
informally, and with mutual satisfaction by reaching out to us at Support@RAIsonance.ai.
If any
dispute remains unresolved after that process, however, you and RAIsonance
agree to have all disputes resolved by arbitration, which shall be final and
binding on both parties, except disputes (i) that may
be brought in an individual action in small claims court, or (ii) that relate
to the ownership or enforcement of intellectual property rights. In addition,
you and RAIsonance each retain the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents or other
intellectual property rights. In any such case, your waiver of the right to a
jury trial and the class action waiver set forth in this Agreement shall
continue to apply.
“Dispute”
includes any dispute, action, or other controversy, whether based on past,
present, or future events, between you and RAIsonance concerning the App or
Terms, whether in contract, tort, warranty, statute, regulation, or other legal
or equitable basis. You and RAIsonance empower the Arbitrator with the
exclusive authority to resolve any dispute relating to the interpretation,
applicability or enforceability of these Terms or the formation of this
contract, including the arbitrability of any dispute and any claim that all or
any part of the Terms are void or voidable.
CLASS
ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND RAISONANCE
EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND RAISONANCE
AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL
CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE
ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE,
REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT
IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC,
OTHER USERS, OR ANY OTHER PERSONS. As such, you and RAIsonance acknowledge and
agree that each waives any right to participation as a plaintiff or a class
member in a class action litigation or arbitration, or in any other collective
or consolidated action, with respect to these Terms. Neither you nor RAIsonance
may be a representative of any other potential claimants or class of potential
claimants in any such dispute, nor may two or more users’ disputes be
consolidated or otherwise determined in one proceeding. This will also preclude
you and RAIsonance from participating in or recovering relief under any current
or future class, joint, collective, representative, or consolidated action
brought by someone else.
A.
Rules and Governing Law. The
arbitration will be administered by the American Arbitration Association (“AAA”)
in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect,
except as modified by this Arbitration Agreement. The AAA Rules are available
at www.adr.org or by calling the AAA at 1-800-778-7879.
Notwithstanding
any choice of law or other provision in the Terms, the parties agree and
acknowledge that this Arbitration Agreement evidences a transaction involving
interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
(“FAA”), will govern its interpretation and enforcement and proceedings
pursuant thereto. It is the intent of the parties that the FAA and AAA Rules
shall preempt all state laws to the fullest extent permitted by law. If the FAA
and AAA Rules are found to not apply to any issue that arises under this
Arbitration Agreement or the enforcement thereof, then that issue shall be
resolved under the laws of the state of New York.
B.
Initiating Arbitration. A party who desires to initiate
arbitration must provide the other party with a written Demand for Arbitration
as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration
- Consumer Arbitration Rules at www.adr.org or by
calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired
judge or (2) an attorney specifically licensed to practice law in the state of
New York, and will be selected by the parties from the AAA's roster of consumer
dispute arbitrators. If the parties are unable to agree upon an Arbitrator
within seven (7) days of delivery of the proposed list of arbitrators by the
AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
C.
Location and Procedures. If the
claim does not exceed $10,000, then the
arbitration will be conducted solely on the basis of documents you and RAIsonance
submit to the Arbitrator, unless you
request a hearing and the Arbitrator determines that a hearing is necessary. If
the claim exceeds $10,000, arbitration may be conducted in person,
through the submission of documents, by phone, or online, and your right to a hearing will be determined by
the AAA Rules. Proceedings that cannot be conducted through the
submission of documents, by phone, or online, will take place in New York
County, New York or in another jurisdiction to which you and RAIsonance agree
in writing; provided, however, that if circumstances prevent you from traveling
to New York, the AAA may hold an in-person hearing in the state where you
reside. Subject to the AAA Rules,
the Arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the
arbitration.
D.
Arbitrator’s Decision. The
Arbitrator will render a written award within the time frame specified in the
AAA Rules and shall provide a written decision with a statement of reasons if
requested by either party. The Arbitrator may award declaratory or injunctive
relief, but only in favor of the individual claimant, but only to the extent
necessary to provide relief warranted by the claimant's individual claim. The
Arbitrator shall not have authority to entertain any claim on behalf of a
person who is not a named party, nor shall the Arbitrator have authority to
make any award for the benefit of, or against, any person who is not a named
party. The Arbitrator’s decision shall be final and binding on all parties. The
Arbitrator’s decision and judgment thereon shall have no precedential or
collateral estoppel effect.
You and RAIsonance agree to submit to
the exclusive jurisdiction of the federal or state courts located in New York
County, New York in order to compel arbitration, to stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
E.
Fees. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules. RAIsonance
will reimburse those fees for claims totaling less than $10,000 unless the
Arbitrator determines the claims are frivolous or brought for an improper
purpose (based on the standards set forth in Federal Rule of Civil Procedure
11(b)). Likewise, RAIsonance will not seek attorneys' fees and costs in
arbitration unless the arbitrator determines the claims are frivolous or
brought for an improper purpose (based on the standards set forth in Federal
Rule of Civil Procedure 11(b)). The right to recover attorneys' fees and
expenses set forth in the Terms supplements any right to attorneys' fees and
expenses you may have under applicable law. You may not, however, recover
duplicative awards of attorneys' fees or costs.
F.
Severability. If any part of this Arbitration
Agreement, other than the class action waiver, is deemed or found to be unenforceable
for any reason, the remainder shall be enforceable. The class action waiver is
non-severable and if it is deemed or found to be unenforceable for any reason,
the whole Arbitration Agreement shall be null and void.
G.
Disputes Between Users. You are
solely responsible for your interactions with other users of the App and, to
the extent that RAIsonance provides the functionality, users of RAIsonance’s
other products or services that may interact with the App. RAIsonance reserves
the right, but has no obligation, to become involved in any way with disputes
between you and other users.
3. Privacy.
We are
committed to transparency about RAIsonance’s privacy practices. You can find our Privacy Policy, which is
incorporated into the Terms by reference, HERE.
4. Acceptable Use.
We
prohibit certain kinds of conduct with respect to the App. We reserve the right to determine whether a
user’s conduct violates these Terms, and to take action as we deem appropriate,
which may include removing objectionable content or suspending or terminating a
user’s access to the App. When you use
the App, you agree not to:
·
Violate any law, rule, or regulation;
·
Violate, infringe, or misappropriate other
people’s intellectual property, privacy, publicity, or other legal rights;
·
Interfere with or disrupt the App systems or
any server or network used to support or provide the App, including any hacking
or cracking into the App, or attempting to circumvent any technological measure
or authentication measures that we have implemented to protect the App;
·
Use any software or program that damages,
interferes with or disrupts the App or another's computer or property, such as
denial of service attacks, spamming, hacking, or uploading computer viruses,
worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs;
·
Attempt to or decipher, decompile,
disassemble, or reverse engineer any of the software or other underlying code
used to provide the App;
•
Engage in spidering or harvesting, or
participate in the use of software, including without limitation spyware,
designed to collect data from the App;
•
Use or distribute unauthorized software
programs or tools, such as "auto" software programs,
"macro" software programs, "cheat utility" software program
or applications, exploits, undocumented features, design errors, or any other hacking
or altering software or tool;
•
Upload, communicate, transmit or otherwise
make available in the App any content that is or could reasonably be viewed as
unlawful, harmful, hateful, threatening, abusive, harassing, discriminatory,
defamatory, vulgar, likely to incite violence or racial or ethnic hatred, of
obscene or indecent nature, invasive of another's privacy, or any other content
that is otherwise reasonably objectionable;
•
Impersonate another person or falsely imply
that you are a RAIsonance employee or representative;
•
Attempt to collect, obtain, or phish for a
password, account information, or other information or personal data of other
users;
•
Improperly use technical support or make false
reports to RAIsonance;
•
Modify any file or any other part of the App
that RAIsonance does not specifically authorize you in writing to modify;
•
Attempt to use the App on or through any
service that is not controlled or authorized by RAIsonance;
•
Use the App in a country in which RAIsonance is
prohibited from offering the App under applicable law, such as one that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country;
•
Be listed on any U.S. Government list of
prohibited or restricted parties;
•
Be non-compliant with applicable third-party
terms when using the App; or
•
Promote or encourage any third party to
participate in any prohibited activity described above.
5. Ownership.
The App
and all rights, title and interest therein are and shall remain the property of
RAIsonance. Except for the limited license granted
below, neither these Terms nor your use of the App convey or grant to you any
rights in or related to the App, or any right to use or reference RAIsonance or
its representations and likenesses, trademarks, logos and designs, or product
and service marks (collectively, "Protected Material"). Protected Material displayed and used in the App
is the property of RAIsonance. You may
not remove, copy or alter any Protected Material. Except as otherwise required by applicable
law, any use, reproduction, distribution, modification, retransmission or
publication of any Protected Material is strictly prohibited without the
express written consent of RAIsonance.
All rights not expressly granted herein are reserved by RAIsonance.
Additionally,
to the extent that you purchased or otherwise downloaded the App using the
Apple App Store, you and we acknowledge that, in the event of any third-party
claim that the App or your possession and use of the App infringes that third
party’s intellectual property rights, as between RAIsonance and Apple, RAIsonance,
not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim,
provided that this sentence shall not reduce or limit your responsibility in
any way.
6. License.
Subject to
your acceptance of the Terms and your continued compliance with the Terms, we
grant you a limited, non-transferable, non-exclusive license to access and use
the App for your own personal, non-commercial use. You may not copy, display,
seek to disable, distribute, perform, publish, modify, transfer, create works
from, or use the App or any component of it, except as expressly authorized by
us. You are expressly prohibited from sub-licensing, renting, leasing,
transferring or otherwise distributing the App or rights to use the App.
To the
extent that you purchased or otherwise downloaded the App using the Apple App
Store, the above license is further limited to your own personal,
non-commercial use on any Apple-branded device that you own or control, and as
permitted by the Usage Rules set forth in the Apple
Media Services Terms and Conditions, except that the App may be accessed
and used by other accounts associated with the purchaser via Apple’s Family
Sharing or volume purchasing.
7. User-Generated Content
To the
extent that any information you input into the App or any information generated
through your use of the App (“User-Generated Content” or “UGC”) gives rise to
any copyright, privacy, or other proprietary interest, you hereby grant RAIsonance
a non-exclusive, perpetual, irrevocable, fully transferable and sub-licensable
worldwide right and license to use your UGC in any way and for any purpose in
connection with the App and related goods and services, and to distribute your
UGC without any further notice or compensation to you of any kind for the whole
duration of protection granted to intellectual property rights by applicable
laws and international conventions. You
hereby waive any moral rights of paternity, publication, reputation, or
attribution with respect to RAIsonance’s use and enjoyment of such assets in
connection with the App and related goods and services under applicable
law. The foregoing license grant to RAIsonance,
and the above waiver of any applicable moral rights, survives any termination
of these Terms.
8. Changes, Maintenance and Support.
We are
always working to improve and update the App.
While we will work to give advance notice of such changes and updates to
you, we reserve the right to change, update or discontinue the App at any time,
with or without notice to you. To the
extent that you purchased or otherwise downloaded the App using the Apple App
Store, you and we acknowledge that, as between RAIsonance and Apple, RAIsonance
is solely responsible for providing the maintenance and support services with
respect to the App and that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY.
THE APP IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITH NO
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. RAISONANCE DOES NOT WARRANT THAT
YOU WILL BE ABLE TO ACCESS OR USE THE APP AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING, THAT THE APP WILL BE OF A CERTAIN QUALITY OR SUITABILITY, OR WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RAISONANCE
WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING OUT OF OR
RELATING IN ANY WAY TO THESE TERMS OR THE APP, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAISONANCE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE
THAT YOUR SOLE REMEDY (AND RAISONANCE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE
WITH RAISONANCE IS TO STOP USING THE APP.
TO THE
EXTENT THAT RAISONANCE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY
WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY
AND THE EXTENT OF RAISONANCE’S LIABILITY WILL BE THE MINIMUM REQUIRED UNDER
SUCH APPLICABLE LAW.
ADDITIONAL
WARRANTY TERMS APPLICABLE TO USERS OF THE APP ON APPLE DEVICES. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT
THAT YOU PURCHASED OR OTHERWISE DOWNLOADED THE APP USING THE APPLE APP STORE,
AND THE APP FAILS TO CONFORM TO ANY APPLICABLE WARRANTY NOT ABLE TO BE
DISCLAIMED, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND THE PURCHASE PRICE FOR
THE APP TO YOU, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE
WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND
ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE
TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
YOU AND WE
ACKNOWLEDGE THAT, AS BETWEEN RAISONANCE AND APPLE, RAISONANCE, NOT APPLE, IS
RESPONSIBLE FOR ADDRESSING ANY OF YOUR CLAIMS OR ANY CLAIMS BY A THIRD PARTY
RELATING TO THE APP OR YOUR POSSESSION AND/OR USE OF THE APP, INCLUDING WITHOUT
LIMITATION: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APP FAILS TO
CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS
ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION; PROVIDED
HOWEVER, THAT THIS SENTENCE SHALL NOT EXPAND OR OTHERWISE CHANGE OUR
RESPONSIBILITY TO YOU.
10. Indemnification.
You agree
to indemnify, defend, save, and hold RAIsonance, its affiliated companies,
officers, directors, contractors, employees, agents, licensors, and partners
(collectively, “RAIsonance Entity”) harmless from and against any and all
claims, losses, damages, and liabilities, including legal fees and expenses,
arising out of or relating to: (i) your use of the App;
(ii) any breach or violation of these Terms; or (iii) your UGC. You are solely responsible for defending each
claim against a RAIsonance Entity, subject to such RAIsonance Entity’s right to
participate with counsel of its own choosing, at its own expense, and for
payment of all judgments, settlements, damages, losses, liabilities, costs, and
expenses, including reasonable attorneys’ fees, resulting from all claims
against a RAIsonance Entity, provided that you will not agree to any settlement
that imposes any obligation or liability on a RAIsonance Entity without its
prior express written consent. If we
assume the defense of any claim, you agree to cooperate with our defense of
such claims.
11.
General.
a. Term and Termination. We reserve the right to condition a user’s
access to the App on that user’s compliance with these Terms. We also reserve the right to terminate a
user’s access to the App, at any time, at our sole discretion. You may terminate the Terms by discontinuing
your use of the App. Notwithstanding
termination by either you or us, Sections 2, 5, 7, 9, 10, and 11 of the Terms
will remain in force, and you will continue to be liable for all your
activities during the time you used the App.
b. Severability. You and RAIsonance
agree that if any portion of these Terms is found unlawful or unenforceable, in
whole or in part, that provision will be ineffective only to the extent of such
finding and as to such jurisdiction, without affecting the validity or
enforceability thereof in any other manner or jurisdiction and without
affecting the remaining provisions of these Terms, which will be enforced to
the fullest extent of applicable law.
c. Choice of Law; Venue. You and RAIsonance agree that these Terms and any dispute of any nature that might arise between you and RAIsonance
will
be governed by and construed in accordance with the laws of the state of New
York, without giving effect to its conflict or choice of laws principles. You
and RAIsonance agree that any action at law or in equity that is not subject to
the arbitration clause in Section 2 above shall be filed, and that venue
properly lies, only in the state or federal courts located in New York County,
New York, United States of America, and you and RAIsonance expressly consent
and submit to the exclusive and personal jurisdiction of such courts for the
purposes of litigating such action.
d. Assignment. We may assign our rights and obligations under
these Terms, in whole or in part, to any person or entity at any time with or
without your approval. You may not
assign any of the rights or obligations you have under these Terms without our
prior written approval. Any such assignment
without our prior written approval is ineffective and in violation of these
Terms.
e. Entire Agreement. These Terms, including any additional policies
referenced in the Terms, are the entire agreement between you and RAIsonance. They supersede all prior and/or
contemporaneous understandings, regardless of the medium (oral, written, or
electronic) and practice (custom, policy, course of business, precedent) by
which such understandings were communicated.
f.
No Waiver.
Our failure to enforce any right or provision
in these Terms shall not constitute a waiver or relinquishment of such right or
provision unless acknowledged and agreed to by us in writing.
g. Role of Apple. To the extent that you purchased or otherwise
downloaded the App using the Apple App Store, you acknowledge that these Terms
are between you and RAIsonance only, and not with Apple, and that RAIsonance,
not Apple, is solely responsible for the App.
You and we acknowledge and agree that Apple, and Apple’s subsidiaries,
are third-party beneficiaries of the Terms, and that upon your acceptance of
the Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as a third-party beneficiary thereof.
h.
Notices to
RAIsonance. All notices given by you or
required from you under these Terms must be in writing and addressed to us at
the address set forth below in the Contact Information section, below. Any
notices that you provide without compliance with this subsection will have no
legal effect.
i.
Contact
Information. If you have questions,
complaints, or claims with respect to the Terms, please direct your
communications to the following:
RAIsonance, Inc.
Attn: Legal Department
6400 S. Fiddlers Green Circle, Ste 250
Greenwood Village CO 80111