Terms of Use

Last Updated: June. 27, 2023

ACCESS AND USE OF THE FEVER COACH WEBSITE, MOBILE APPLICATION, ONLINE OR EMAIL SERVICES, OR ANY FEVER COACH SOFTWARE OR SERVICE, IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH BELOW, AS WELL AS THE TERMS SET FORTH IN OUR PRIVACY POLICY, WHICH ARE INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AS SET FORTH BELOW OR THE TERMS DESCRIBED IN OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR WEBSITE, MOBILE APPLICATION, ONLINE OR EMAIL SERVICES, OR ANY FEVER COACH SOFTWARE OR SERVICE.

Acceptance of and Changes to the Terms of Use

These terms of use (“Terms of Use”) are entered into between you and Fever Coach Inc. (“Fever Coach,” “we,” or “us”) and govern your access to and use of our website, mobile application (“Application”), or software whether pre-installed, downloaded by you, or incorporated into a Fever Coach device, including any content, functionality, and related services, including all updates and modifications thereto (collectively, the “Services”). Please read these Terms of Use in full before using the Application or Services. By using the website, Application, or Services, you agree to be legally bound by these Terms of Use, and by our Privacy Policy, currently located at https://home.fevercoach.net/en/privacy-policy/ (“Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, please do not use the website, Application, or Services.

We reserve the right to modify these Terms of Use at any time without prior notice. All changes are effective immediately when we post them, and apply to all access to and use of the website, Application, or Services thereafter.  Your continued use of the website, Application, or Services binds you to any changes made to the Terms of Use. We do occasionally update these Terms of Use so please refer to them each time you access our website, Application, or Services.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the website, Application, or Services, and any material we provide in connection with them, in our sole discretion and without notice to you.  We will not be liable if for any reason all or any part of the website, Application, or Services is unavailable at any time or for any period.  From time to time, we may restrict access to the website, Application, or Services to users, including registered users.

You are responsible for both:

You are responsible for both:

• Making all arrangements necessary for you to have access to the website, Application, and Services.
• Ensuring that all persons who access the website, Application, or Services through your internet connection are aware of these Terms of Use and of their duty to comply with them.

To access the website, Application, and Services, or some of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of the website, Application, or Services that all the information you provide is correct, current, and complete.

If as part of our security procedures you choose, or are provided with, a username, password, or any other piece of information, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the website, Application, or Services using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The website, Application, and Services are neither intended nor suitable for use in emergencies.  If you or your loved one is facing a medical emergency, or you even think you or your loved one may be facing a medical emergency, immediately stop using the website, Application, or Services and call 911 or go directly to your nearest hospital emergency department.

Medical Advice Disclaimer

All information, images, and other content shared through the website, Application, or Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment from an appropriately qualified and licensed physician or other healthcare provider.  Always seek the advice of a qualified healthcare provider concerning any questions you may have regarding your health, including any symptoms that are severe or concerning. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the website, Application, or Services

Medical information provided through the website, Application, or Services doesn’t apply to everyone. The website, Application, and Services do not provide advice for all possible medical complications that may arise from or be related to fever and associated symptoms. The information provided within the website, Application, and Services is not applicable to certain individuals with special medical considerations including, but not limited to, those who:

• Are pregnant
• Are age 60 or older
• Have sickle cell disease
• Have had a splenectomy or organ transplant
• Are HIV positive
• Have cancer
• Are taking chronic steroids, chemotherapy, or immunosuppressant medications
• Are unvaccinated or under-vaccinated
• Have a chronic condition, such as kidney, lung, liver, or heart disease
• Have a history of epilepsy
• Have any other medical condition that may require treatment from a qualified healthcare provider

Fever Coach shares medical information about symptoms, medical conditions, and treatments from trusted medical information sources that have been reviewed by our team of clinicians. Our care recommendations in the website, Application, and Services are based on the adult and pediatric telephone protocols published by the American Association of Pediatrics, with supplemental information from other trusted sources including but not limited to:

• UpToDate
• Pediatric Telephone Protocols, 16^th Edition, by Barton D. Schmitt, MD
• HealthyChildren.org
• Adult Telephone Protocols, 4^th Edition, by David A. Thompson, MD, FACEP, American Academy of Pediatrics, 2018
• Centers for Disease Control and Prevention (CDC)
• National Institutes of Health (NIH)
• Food and Drug Administration (FDA)
• World Health Organization (WHO)
• American Migraine Foundation
• ClinicalTrials.gov
• Mayo Clinic, USA
• National Cancer Institute (NCI)
• National Library of Medicine (NLM)
• AAP, American Academy of Pediatrics, 2018
• United States Surgeon General Privacy/HIPAA Disclaimer

Stories and anecdotes alluding to specific patients are fictitious and are presented for illustrative purposes only. Such stories have been substantially altered to prevent any incidental unauthorized release of protected health information.  Patient identifiers such as name, date of birth, sex, geographical location, dates, and times of service have been substantially changed.  Any similarities to actual patients alive or deceased are purely coincidental.

By accepting these Terms of Use, you the user are solely responsible for the consequences of sharing any protected health information as defined by HIPAA and its successors (“PHI”) at 45 CFR § 160.103. You further agree not to share PHI and to report the sharing of such PHI immediately to the administrator.

Access to the Website, Application, and Services

Subject to the terms and conditions of these Terms of Use, we grant to you a limited, personal, non-exclusive, non-sub licensable, non-transferable, and revocable license to access and use the website, Application, and Services, and the content made available therein, only in the manner presented by us and only for your personal and non-commercial use.

You may be able to access the website, Application, or Services without having to register any details with us.

You may access the Application only by downloading it from our website or third party mobile application providers. We do not have any control over third party websites or applications; hence, we disclaim all liability from your use of those third party websites or applications. You should review any third party website’s terms of use and privacy policies when you choose to download the Application from such third party website.

Fever Coach may provide updates, upgrades, supplements and add-on components to the Application, or Services, including bug fixes, the removal of, or enhancements and feature improvements to the Application or Services, including entirely new versions (collectively “Updates”), after the date you obtain your initial copy of the Application or Services. These Terms of Use apply to all components of the Updates, unless we provide other terms along with such Updates.

Intellectual Property Rights

The website, Application, and Services, and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Fever Coach, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website, Application, and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the website, Application, or Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may download a single copy or any software to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the website, Application, or Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any notices of copyright, trademark, or other proprietary rights from copies of any materials in the website, Application, or Services.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the Application or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website, Application, or Services, in breach of the Terms of Use, your right to use the website, Application, or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website, Application, or Services, or any content on them, is transferred to you, and all rights not expressly granted are reserved by Fever Coach. Any use of the website, Application, or Services not expressly permitted by these Terms of Use constitutes a breach and may violate copyright, trademark, and other laws.

Any trademarks or service marks appearing anywhere in or on the website, Application, or Services are the property of their respective owners. If any product name or logo does not appear with a trademark symbol, that does not constitute a waiver of any and all intellectual property rights that Fever Coach or its businesses have established in any of its or their products, services, features, or service names or logos.

Privacy

We are committed to maintaining the privacy of your information. Please refer to our Privacy Policy for information on how we collect, use, disclose, and protect your information. Acceptance of these Terms of Use constitutes your consent to the practices set forth in our Privacy Policy. All information obtained and maintained by Fever Coach is subject to all applicable laws and regulations governing the security and confidentiality of the information.

Use of Your Information

Fever Coach permits you to record information about common illnesses and your symptoms. Once you have transferred this information to us, the use and disclosure of this information is governed by our Privacy Policy and applicable laws and regulations. We use commercially reasonable efforts designed to maintain and protect the security of any information provided to Fever Coach.

Use of the Application and Services

The website, Application, and Services, and all images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided by Fever Coach through the website, Application, or Services (“Content”), and the collection and compilation and assembly thereof, are the exclusive property of Fever Coach or its licensors, and are protected by U.S. and international copyright laws.

The Content may be used for informational purposes only. Any other use of such content, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content without our prior written consent is expressly forbidden.

As a condition of your use of the website, Application, or Services, you will not use the website, Application, Services, or any Content, for any purpose that is unlawful in any jurisdiction where the website, Application, or Services are being used, or prohibited by these Terms of Use and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section below. You may not use the website, Application, Services, or Content in any manner that could damage, disable, overburden, or impair any of our equipment, or interfere with any other party’s use and enjoyment of the website, Application, Services, or any Content. You may not attempt to gain access to any portion of the website, Application, Services, or any Content, other than those for which you are authorized.

As a condition of your use of the website, Application, or Services, YOU AGREE NOT TO, AND WILL NOT ENABLE OR PERMIT OTHERS TO, COPY, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OR ALGORITHMS OF THE WEBSITE, APPLICATION, OR SERVICES, AND ANY OTHER SOFTWARE RELATED TO THE USE OF THEM IN ANY WAY WHATSOEVER (except and only to the extent that, such activity is expressly permitted by applicable law). For purposes of clarity, this includes but is not limited to determining composition or components, and analyzing the methods of communication, signal processing and inputs/ outputs from, between, and to thermometer, a mobile device, and the Application, Services, or any related software.

YOU MAY NOT MODIFY THE WEBSITE, APPLICATION, OR SERVICES, INCLUDING THE SOFTWARE CONTAINED IN THEM, IN ANY MANNER THAT WILL PERMIT SUCH SOFTWARE TO WORK WITH, OR OTHERWISE PROVIDE INFORMATION TO, ANY NON-FEVER COACH APPLICATION, SOFTWARE, OR WEBSITE.

YOU MAY NOT MODIFY THE WEBSITE, APPLICATION, OR SERVICES IN ANY MANNER DESIGNED TO PROVIDE INACCURATE INFORMATION TO FEVER COACH, INCLUDING WITHOUT LIMITATION, ALTERED THERMOMETER READINGS.

While reasonable effort is made to foster the timeliness and accuracy of the website, Application, Services, and any Content, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of any of the results obtained from such use.

While reasonable effort is made to prevent all Content provided on the website, Application, and Services from containing computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer or mobile device, and you should ensure that you have a complete and current backup of the applicable items on your computer or mobile device.

Services Uptime

We take reasonable steps so that the website, Application, and Services are always available. However, applications, software, and websites do sometimes encounter downtime owing to server and other technical issues. Therefore, we will not be liable if, at any time, the Application or Services are unavailable.

The website, Application, or Services may be temporarily unavailable owing to problems such as system failure, maintenance or repair, or other reasons beyond our control. Where possible, we will try to give you advance warning of maintenance problems, but are not be obliged to do so.

User Conduct

The website, Application, and Services may contain forums, chat areas, message boards, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group. You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the website, Application, or Services. You agree to use the website, Application, and Services only to post, send and receive messages and content that are proper and related to the particular service. Among other actions, when using the website, Application, or Services, you affirm, represent, and warrant that you will not post, send, submit, publish, or transmit in connection with the website, Application, or Services any material that:

• you do not have the right to post, including proprietary material of any third party, such as files containing software or other third party material protected by intellectual property laws (or by rights of privacy or publicity);
• violates or may violate any law, advocates illegal activity, or discusses an intent to commit an illegal act;
• does not pertain directly to the Services;
• threatens or abuses others, libels, defames, invades privacy, stalks, or that is obscene, pornographic, vulgar, indecent, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• harvests or otherwise collects information about others, including email addresses, without their consent;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on the website, Application, or Services;
• solicits funds, advertisers, or sponsors;
• includes programs that contain viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware, or network;
• disobeys any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of website, Application, or Services or any networks related to the website, Application, or Services; or
• contains links to other websites or software containing content that falls within any of the descriptions set forth above.

We may fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Services in breach of this section of the Terms of Use or the Privacy Policy.

We reserve the right, but are not obligated, to monitor use of the website, Application, and Services to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Materials uploaded to the website, Application, or Services by users may be subject to limits on use, reproduction, or dissemination, and you are responsible for abiding by such limitations with respect to your submissions.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF USER CONDUCT FOR THE WEBSITE, APPLICATION, SERVICES, OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

If you believe any material available via the website, Application, or Service infringes a copyright you own or control, you may file a notification of such infringement by email to contact@fevercoach.net.Fever Coach will attempt to expeditiously remove infringing or unlawful material.

In accordance with applicable law, Fever Coach has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed repeat infringers. Fever Coach may also, in its sole discretion, limit access to the website, Application, or Services, or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you know or suspect that any of the content or materials on the website, Application, or Services have been used or copied in a way that constitutes United States copyright infringement, please send notice to our designated agent identified below. Under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
• 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 us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Address: 6 Liberty Square # 2454, Boston, Massachusetts 02109
Email: contact@fevercoach.net

You shall not use the website, Application, or Services while distracted or preoccupied, such as when operating a motor vehicle. You should access the website, Application, or Services only with due regard for your own safety and the safety of others.

Links to Application and Services

If you would like to link to the website, Application, or Services, you may do so only on the basis that you link to, but do not replicate, portion of the website, Application, or Services, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless we have specifically agreed to this;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with applicable law.

If you choose to link the website, Application, or Services in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, website, Application, or Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus and anti-malware protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL OWING TO YOUR USE OF THE WEBSITE, APPLICATION, OR SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE, APPLICATION, OR SERVICES, OR ON ANY WEBSITE LINKED TO THEM.

NEITHER FEVER COACH NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, APPLICATION, OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FEVER COACH NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE WEBSITE, APPLICATION, OR SERVICES, OR THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THEM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, APPLICATION, OR SERVICES, OR ITEMS OBTAINED THROUGH THEM, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ACKNOWLEDGE THAT THE WEBSITE, APPLICATION, SERVICES, AND CONTENT ARE PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND ARE NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND ARE NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE ABLE TO EXAMINE YOU AND WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.

You further acknowledge that you understand and assume full responsibility for the risks associated with the use of the website, Application, and Services, and that the use of them is at your sole risk. Fever Coach is not liable to you, or to any third party, for any decision made or action taken by you or by any third party based on information contained in or offered in connection with the website, Application, or Services; or, owing to reliance upon such information contained on the website, Application, or Services.

All information on the website, Application, and Services is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The Content could include technical inaccuracies or typographical errors. Changes are periodically made to the Content and the website, Application, and Services. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the website, Application, or Services, or reliance on the Content.

EXCEPT AS EXPRESSLY STATED BY FEVER COACH IN OUR WARRANTY, THE WEBSITE, APPLICATION, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES, INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT, UNDER APPLICABLE LAW, CANNOT BE EXCLUDED OR LIMITED.

Limitation of Liability

YOUR USE OF THE APPLICATION OR SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FEVER COACH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APPLICATION, OR SERVICES, OR YOUR RELIANCE ON OR USE OF THE WEBSITE, APPLICATION, SERVICES, CONTENT, INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR FROM ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE WEBSITE, APPLICATION, OR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OR ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold harmless Fever Coach, its officers, directors, employees, volunteers, agents, licensors, suppliers, successors, and assigns from and against any claims, actions or demands, liabilities, damages, judgments, awards, loses, costs, expenses, fees or settlements, including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from: (1) your use of and access to the website, the Application, or the Services; (2) your violation of these Terms of Use; or (3) your violation of any third party right, including without limitation any trademark, copyright, or other proprietary or privacy right.

Assignment

You may not assign or transfer these Terms of Use, or any rights and licenses granted hereunder, without Fever Coach’s prior written consent.

Applicable Law

We make no representations that the website, Application, Services, or Content are appropriate or may be accessed, used, or downloaded in your jurisdiction. Access to the website, Application, Services, or Content may not be lawful in certain jurisdictions. If you access, use, or download the website, Application, Services, or Content, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access, use, or download them.

These Terms of Use, and all disputes arising hereunder, will be construed and interpreted under the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision, and applicable federal laws of the United States. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws. Use of the website, the Application or the Services constitutes your agreement to the jurisdiction of the state and federal courts located in Boston, Massachusetts.

The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms of Use.

The Website, Application, and Services are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on the Website, Application, or Services, as may be required.

In the event that the license granted hereunder is pursuant to a contract with either a defense or civilian agency of the United States Government, you agree that the website, Application, and Services are provided with restricted rights. In such a case, the website, Application, and Services, and the corresponding documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government users (i) only as Commercial Items and (ii) with only those rights as are granted to all other licensees and end users pursuant to these Terms of Use.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS:

Agree to Arbitrate. You and Fever Coach agree to resolve any claims relating to these Terms of Use, the website, the Application, or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate. Within 30 days of first registering your account or the first posting of these Terms of Use, you may decline this agreement to arbitrate by submitting an email (from the email associated with your Fever Coach account (if applicable)) to Fever Coach containing your name and address with “Opt-out of Agreement to Arbitrate” in the subject line. If you previously agreed to a prior version of these Terms of Use that allowed you to opt-out of arbitration, your previous choice to opt-out or not opt-out remains binding.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Boston, Massachusetts, or any other location that Fever Coach, in its sole discretion, selects.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Fever Coach may not seek its attorneys’ fees and costs in any arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Either you or Fever Coach may assert claims, if they qualify, in a court of competent jurisdiction in San Francisco, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the website, Application, or Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Boston, Massachusetts to resolve your claim.

NO CLASS ACTIONS. You may resolve disputes with Fever Coach on an individual basis only, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable for your claim, then the entirety of this MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION RESTRICTIONS section will not apply to the class action claim.

General

These Terms of Use, together with the Privacy Policy, and any legal notices published by Fever Coach on the Application or Services, constitute the entire agreement between us concerning use of the website, Application, and Services. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any term may be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

This website is operated by Fever Coach Inc., 6 Liberty Square # 2454, Boston, Massachusettes 02109

All other feedback, comments, requests for technical support, and other communications relating to the website should be directed to:  contact@fevercoach.net.