Last revised August 2026
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Kick Health, Inc., including the www.gokick.com website and the Kick mobile application (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. Kick Health, Inc. (“Kick”, “we,” “us,” and “our”) contracts with Kick Medical, P.C. (“Kick Medical”) regarding online telehealth medical consultations and secure messaging between Kick Medical physicians and other healthcare professionals (individually the “Provider” and collectively the “Providers”) and their patients. (See Section 21 for supplemental terms applicable to Providers.) The professional medical services (which are provided by Kick Medical) and the non-clinical Site services (which are provided by Kick) are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you as a user and/or customer of the Site, your dependent(s) if any, and any other person accessing your Kick Account.
YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS OF USE IS A CONDITION TO YOUR USE OF THE SITE AND SERVICES AND PURCHASE OF PRODUCTS. BY CLICKING “ACCEPT”, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED WITHIN THESE TERMS OF USE, THE NOTICE OF PRIVACY PRACTICES PROVIDED TO YOU BY KICK MEDICAL, AND OUR PRIVACY POLICY. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE OR SERVICES; PROMPTLY EXIT THIS SITE.
BINDING ARBITRATION. THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND KICK THAT IN ANY WAY RELATE TO THESE TERMS OF USE OR YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE SECTION BELOW ENTITLED DISPUTE RESOLUTION; ARBITRATION AGREEMENT, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OF USE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED DISPUTE RESOLUTION; ARBITRATION AGREEMENT FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH KICK.
Kick may modify these Terms of Use at any time by updating this posting. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Continued use of our Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are bound by any such modifications and therefore you are expected to visit this page periodically to review these Terms of Use from time to time so you are aware of any changes. Notwithstanding the foregoing, changes to Section 22 (Dispute Resolution; Arbitration Agreement) take effect only as provided in the "Changes to this Arbitration Agreement" paragraph of that Section.
You agree that all information you provide in connection with the Services and Site, including to register with the Site, shall be governed by the Kick Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by the Kick Medical Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement. You consent to all actions we take with respect to your information consistent with the Kick Privacy Policy and consent to all actions Kick Medical takes with respect to your information consistent with the Kick Medical Notice of Privacy Practices.
We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. The Services may include (i) providing individuals with information on health care and wellness; (ii) providing individuals with pharmacy services; (iii) providing individuals with access to technology-oriented tools for addressing certain health issues; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; and (v) telecommunications support for using the Services as a means of direct access to a Provider for communication, consultations, assessments, and treatment by such Provider.
Kick does not provide medical advice, care or medical services. Kick contracts with Kick Medical, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. Kick provides a technology platform for you to access Kick Medical Providers and for Providers to deliver clinical services via the Kick platform to their patients. Providers are independently contracted or employed by Kick Medical. Providers are not contracted or employed by Kick. The Providers, and not Kick, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of Kick and are merely using the Site to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Kick. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Kick, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Kick does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Kick does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Kick. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Kick, or in connection with any communications supported by Kick, is intended to be for general information purposes only, and is in no way intended to create a provider patient relationship as defined by state or federal law. While Kick facilitates your selection of, and communications with, Providers, Kick does not provide medical services, and the doctor-patient relationship is between you and the Kick Medical Provider you select. You understand that you are not entering into a provider-patient relationship with Kick.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Kick’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
The Services are not intended to replace your primary care provider and may not be appropriate for all medical conditions or treatment needs. You should seek in-person medical care when clinically appropriate.
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors. Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
By accessing or using the Services, you acknowledge and agree that healthcare services may be delivered through telehealth technologies, including audio, video, messaging, or other electronic communications. You understand that telehealth services may not be appropriate for all medical conditions and may not be a substitute for in-person medical care in all circumstances.
By using the Services, you consent to the use of telehealth technologies and acknowledge the potential risks and limitations associated with receiving healthcare services remotely.
Neither Kick nor Kick Medical endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Consistent with the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (21 U.S.C. § 829(e)) and applicable DEA regulations, Providers do not prescribe DEA controlled substances through telehealth without an in-person medical evaluation. Providers reserve the right to deny care for actual or potential misuse of the Services.
Medical Records Access. Your medical records are maintained by Kick Medical. To request access to or a copy of your medical records, please follow the process described in Kick Medical's Notice of Privacy Practices or contact us by sending a secure care message in your account, and we will route your request appropriately.
If you receive a prescription as a result of your use of the Services, you may select to have Kick Medical fulfill that prescription through one of the pharmacies with which it or Kick partners (the “Kick Pharmacy Network”). Prescriptions fulfilled through the Kick Pharmacy Network may be transferred to other pharmacies within the Kick Pharmacy Network without notice. You give us consent to send and disclose to the Kick Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services. Kick and Kick Medical fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Kick Medical to transmit that prescription to the pharmacy of your choice.
Pharmacies participating in the Kick Pharmacy Network operate independently from Kick and Kick Medical. These pharmacies are solely responsible for dispensing medications and complying with applicable pharmacy laws and regulations. Kick does not manufacture medications and does not control the professional judgment of pharmacists.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
If you select to use the Kick Pharmacy Network to fulfill any prescriptions, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. Kick and Kick Medical do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid.
Neither Kick nor Kick Medical are insurers. The Services are not insurance products, and the amounts you pay to Kick or Kick Medical are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Kick and Kick Medical operate subject to state and federal regulations, and the Services may not be available in your state or jurisdiction. Telehealth services require that providers be licensed in the patient's state. As a result, Services may not be available in your state, and Services available in one state may differ from those available in another. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services is prohibited.
Kick and Kick Medical Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, Kick and Kick Medical reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to completed. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determined that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items ordered on our Site.
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.
Unfortunately, we cannot accept returns of prescription products due to state laws, and all sales are final. However, if you feel we have made a mistake in the filling of your order, please contact us by sending a secure care message in your account.
You can purchase services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Kick may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
If you believe a charge has been made in error, you agree to contact Kick by sending a secure care message in your account prior to initiating a chargeback with your bank or payment provider so that we may attempt to resolve the issue. Initiating a chargeback without first contacting Kick may result in suspension or termination of your account. Kick reserves the right to dispute any chargeback that it reasonably believes to be fraudulent or improper.
CALIFORNIA RESIDENTS, PLEASE READ: This is an automatic-renewal subscription. Your subscription will renew automatically at the end of each billing period at the same price (or a price that we have given you reasonable advance notice of) until you cancel. There is no extra step to renew; you must cancel to stop the renewal. Promotional or introductory pricing, if any, applies only for the period stated at checkout, after which the standard subscription price will apply. You may cancel at any time, free of charge, through any of the channels described below. We will not require you to listen to a retention pitch, complete an unrelated form, or take any other action before processing your cancellation.
You may cancel your subscription at any time, effective at the end of the then-current billing period, by using the cancel-subscription link in your Account settings on the Site. You may also cancel by sending us a secure care message in your account. Cancellation will be processed through the same channel by which you enrolled, consistent with applicable law. After cancellation, you will retain access to your subscription benefits through the end of your then-current billing period and will not be charged thereafter.
Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). FOR SUBSCRIPTION SERVICES, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT REGULAR INTERVALS AS DESCRIBED DURING THE CHECKOUT PROCESS FOR THE APPLICABLE SUBSCRIPTION SERVICES. FOR SUBSCRIPTION SERVICES, AT THE END OF EACH SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE EXACT SAME CONDITIONS UNLESS YOU CANCEL IT OR WE CANCEL IT.
You may cancel your subscription renewal by sending us a secure care message in your account. You will not receive a refund for the fees you already paid for your purchases or current monthly subscription, and you will be able to access the Site through your account until the end of your purchases or current monthly subscription as applicable. Cancellations for monthly subscriptions will only be processed at the end of the agreed billing period, which is each recurring month for monthly subscriptions from the date of subscription. Certain refund requests for subscriptions may be considered by Kick on a case-by-case basis and granted at the sole discretion of Kick.
You may cancel your subscription at any time before the next billing cycle by following the cancellation instructions in your account settings or by contacting customer support. If you cancel your subscription, the cancellation will take effect at the end of the current billing period unless otherwise stated during the checkout process.
You shall provide Kick with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, Kick will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
In the event that payment cannot be processed within the specified timeframe, please be advised that your account is subject to immediate termination. In such cases, all content, end-user information, and data associated with your account will be subject to complete deletion at the sole discretion of Kick.
Kick, in its sole discretion and at any time, may modify the fees for the Subscription Services. Any fee change will become effective at the end of the then-current subscription. Kick will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Site after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Kick Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Kick ID and credentials. The Kick ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Kick ID and/or credentials, and for all activities that occur under such Kick ID and/or credentials. You agree to prohibit anyone else from using your Kick ID and/or credentials and agree to immediately notify Kick of any actual or suspected unauthorized use of your Kick ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Kick at any time with or without cause. You are responsible for changing your password promptly if you think it has been compromised. You may not use anyone else’s account at any time. Kick explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this Section.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site, or otherwise capture any content, data, materials, or information form the Site or Services by any automated, programmatic, or technical means without Kick’s prior express written consent.
Without limiting the foregoing, you agree not to use or deploy any scraper, crawler, spider, robot, script, browser extension, automation tool, artificial intelligence system, data mining tool, data extraction tool, or similar mechanism — including without limitation any tool that captures or analyzes network traffic, application programming interface (API) responses, or HTTP archive (HAR) files — to access, retrieve, copy, monitor, or compile content or data from the Site. Any violation of this Section constitutes a material breach of these Terms of Use.
Violations of system or network security may result in civil or criminal liability. Kick will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Kick and Kick Medical may contact you by telephone, mail, or email to verify your account information. Kick and Kick Medical may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
By using the Site, you expressly consent to Kick and our service providers recording, analyzing, and replaying your interactions with the Site — including page views, clicks, scroll positions, form-field inputs (other than payment-card primary account numbers), keystroke patterns, and chat-tool sessions — for the legitimate business purposes of operating, securing, debugging, improving, and personalizing the Services. You acknowledge that this consent is given knowingly and voluntarily, that the same consent applies to any Kick-provided chat, support, or messaging feature, and that the analytics and tracking technologies actually deployed on the Site are described in our Privacy Policy. The technologies described in our Privacy Policy may include, without limitation, server-side and client-side analytics, session-replay and heat-mapping tools, advertising and conversion pixels, and email open- and click-tracking pixels, and the recorded interactions may include information you enter into forms on the Site (other than password fields, which are masked), including information about your health that you choose to provide through the Site. This consent does not authorize any use or disclosure of "protected health information" under HIPAA, which is handled by Kick Medical in accordance with its Notice of Privacy Practices and applicable law.
You may withdraw your consent at any time by discontinuing use of the Site, by exercising the cookie and advertising opt-outs described in our Privacy Policy, or by enabling a user-enabled opt-out preference signal (such as Global Privacy Control) in your browser. Kick honors such signals as described in our Privacy Policy.
By providing your phone number, you are agreeing to be contacted by or on behalf of Kick and Kick Medical at the number you have provided, including calls, to receive informational, Services related (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls from us by emailing us at support@gokick.com. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
Kick is committed to making the Site accessible to users with disabilities, including conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where reasonably feasible. If you encounter a barrier to access on the Site, or if you require an alternative means to access information or services on the Site, please contact us at support@gokick.com or at 415-723-6001. Kick will respond to any accessibility-related request within fourteen (14) days and will work in good faith to provide a reasonable alternative accommodation. Kick does not waive any rights under these Terms of Use by extending an accommodation, and no representation is made that any accommodation will resolve every barrier; however, Kick will engage in good-faith remediation efforts within a reasonable time.
All pages within this Site and any material made available for download are the property of Kick, or its licensors or suppliers, as applicable. The Site and the content contained on the Site, such as text, graphics, images, audio, videos and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the "Content") is protected by United States and international copyright and trademark laws. By using the Site, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Kick.
Subject to these Terms of Use and the payment of all applicable fees, Kick grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site for your personal and non-commercial use. All rights not expressly granted to you in these Terms of Use are reserved and retained by Kick or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kick. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kick without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kick’s name or trademarks without the express written consent of Kick. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Kick. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Kick without our express written consent.
Kick’s name, logo, and all related names, terms, logos, product and service names, designs, and slogans are trademarks of Kick or its affiliates or licensors. You must not use such marks without the prior written permission of Kick. There are no implied licenses granted under these Terms unless expressly stated in these Terms. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Kick, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of Kick, "mirror" on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Kick.
The Site and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@gokick.com or call us at 415-723-6001.
Although Kick attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Kick so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Kick shall have no responsibility or liability for information or content posted to the Site from any non-Kick affiliated third party.
Kick and Kick Medical each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
Kick does not guarantee that the Site or Services will be available at all times. The Site and Services may be temporarily unavailable due to maintenance, updates, technical issues, or factors beyond our control. Kick reserves the right to modify, suspend, or discontinue any aspect of the Services at any time.
Kick makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Kick site, please understand that it is independent from Kick, and that Kick has no control over the content on that website. In addition, a link to a non-Kick website does not mean that Kick endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Kick and Kick Medical that you have the legal right and authorization to provide all User Information to Kick and Kick Medical for use as set forth herein and required by Kick and the Kick Medical Provider.
Kick and/or Kick Medical may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Kick and/or Kick Medical may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively "Information") which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser's cookies setting; (viii) incorrectly identify the sender of any message transmitted to Kick. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
You agree to defend, indemnify, and hold harmless Kick, Kick Medical, and the Providers from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
Our Site allows you to share or generate Content. You are responsible for the Content that you generate using our services and tools of the Site, including its legality, reliability, and appropriateness. Except as provided in our Privacy Policy; or information governed by applicable federal and state-specific privacy laws and regulations; you understand and agree that any information you provide through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of Kick and/or Kick Medical ("User Content"). By generating and posting User Content to the Site, you hereby grant us the fully transferable and sublicenseable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site. You further grant us the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you; marketing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Kick using such data. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
WITHOUT LIMITATION OF THE FOREGOING, KICK DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.
If you remove Content, delete your account or if your subscriptions are terminated, we will be permitted to use and retain a copy, including archives, of your Content, confidential information or any information that is related to your account (including Content and personal information) for business purposes related to these Terms and to the extent necessary to meet our legal and compliance obligations (including audit and anti-fraud purposes).
Kick may use de-identified or aggregated data derived from your use of the Services for lawful business purposes, including analytics, research, service improvement, and development of new products, technologies, or machine learning tools, provided that such data cannot reasonably be used to identify you.
Consistent with the federal Consumer Review Fairness Act of 2016 (15 U.S.C. § 45b), nothing in these Terms of Use restricts your right to publish honest reviews of Kick, Kick Medical, or the Services in any forum.
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Kick respects the intellectual property rights of others and expects its users to do the same. It is Kick’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Kick’s Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a written notice ("Notice") complying with the following requirements:
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Copyright Agent
Kick Health, Inc.
1111B S Governors Ave
Ste 48267
Dover, DE 19904-6903
Telephone: 415-723-6001
Email: dmca@gokick.com
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
With the exception of your electronic medical record, Kick and Kick Medical, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Kick or Kick Medical (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Kick or Kick Medical, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Kick or Kick Medical trademarks, service marks, and logos are strictly prohibited without the prior written permission of Kick or Kick Medical, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Kick, Kick Medical or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Kick may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Kick and Kick Medical are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM ACT") and the Telephone Consumer Protection Act ("TCPA"). You consent to receive text messages from us as set forth in Section 8, above ("Consent to Receive Calls and Text Messages"). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section "How to Contact Us."
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Kick products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You agree to indemnify and hold Kick and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Kick and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Kick or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
The United States and certain other countries control the export of products and information. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet and not to export or re-export the Content to countries or persons prohibited by export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
The Content on this website is for convenience and information purposes only. Any information herein is not intended to be nor does it constitute financial, tax, legal, investment, or other advice. You should consult your financial and legal advisors, and independently verify all Content provided through this website before you make decisions. The use of this website and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it. Nothing on this website constitutes an offer to sell or buy any product. Account information available on this website is not the official record of your account. The posting of any prospectus or any other information on this website is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
KICK DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, KICK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. KICK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. ANY USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME. KICK FURTHER RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE ANY SERVICE ON OR FEATURE OF THE SITE (INCLUDING ANY CHANGES TO OR REMOVAL OF CONTENT) AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, AND KICK SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHTS. SOME CONTENT ON THE SITE MAY BE PROVIDED BY THIRD PARTIES, AND KICK WILL NOT BE HELD RESPONSIBLE FOR ANY SUCH CONTENT PROVIDED BY THIRD PARTIES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. KICK DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY KICK ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY KICK OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. KICK DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. KICK MEDICAL PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES.
KICK SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO A KICK SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE KICK FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
KICK IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.
KICK TAKES CERTAIN MEASURES TO PREVENT, DETECT, AND CORRECT VIOLATIONS OF THE UNITED STATES SECURITIES LAWS AND OTHER RELEVANT LAWS AND REGULATIONS AND THE DISSEMINATION OF MATERIAL NON-PUBLIC INFORMATION IN CONNECTION WITH THE PROVISION OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, KICK DOES NOT GUARANTEE THAT YOU WILL NOT BE EXPOSED TO ANY MATERIAL NON-PUBLIC INFORMATION OR OTHER CONFIDENTIAL INFORMATION AND YOU REMAIN SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS (INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, THE UNITED STATES SECURITIES LAWS) WHEN USING ANY INFORMATION, YOU MAY OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES. FOR PURPOSES OF THIS AGREEMENT, “MATERIAL NON-PUBLIC INFORMATION” SHALL MEAN INFORMATION THAT IS CONSIDERED MATERIAL NON-PUBLIC INFORMATION UNDER THE UNITED STATES SECURITIES LAWS, INCLUDING, BUT NOT LIMITED TO, THE SECURITIES EXCHANGE ACT OF 1934.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
IN NO EVENT WILL KICK BE LIABLE FOR THE ACTS OR OMISSIONS OF KICK MEDICAL OR THE PROVIDERS. IN NO EVENT WILL KICK AND ANY THIRD PARTIES MENTIONED ON THIS SITE BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE KICK’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF KICK TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS THE GREATER OF (A) $500 (FIVE HUNDRED DOLLARS) OR (B) THE TOTAL AMOUNTS YOU PAID TO KICK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Kick, Kick Medical, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Kick, Kick Medical, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Kick, Kick Medical, and its affiliates.
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Kick’s prior written consent. Kick may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
These supplemental terms apply to Providers in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Kick Medical, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Kick users (including your Kick Medical patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Kick. Kick does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Kick Medical is solely responsible for all billings and collections from patients and other consumers, and Kick shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Kick does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Kick agree that Kick is not providing, to Customer or anyone else, medical advice or legal advice.
Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Kick and waives any and all potential claims against Kick as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Kick harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Kick, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Kick’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Kick or defect in the Site or Services. Kick will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Kick that you have the legal right and authorization to upload all Provider Content at the Site. Kick shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Kick desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Kick is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.
Kick does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Kick the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Kick and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH KICK AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
We will work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
Applicability of Arbitration Agreement: You and Kick agree that any and all disputes, claims or controversies arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (this “Arbitration Agreement”) instead of in courts of general jurisdiction. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Kick, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.
Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Kick are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Kick.
Notice Requirement: If you desire to assert a claim against Kick, and you therefore elect to seek arbitration, you must first send to Kick, by certified mail or by email to support@gokick.com with delivery confirmation, a written notice of dispute (“Notice”) describing the nature and basis of your claim or dispute. The Notice to Kick should be addressed to:
Kick Health, Inc. Attn: Kick Health - Legal Dept
1111B S Governors Ave Ste 48267, Dover, DE 19904-6903 ("Notice Address").
If Kick desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice submitted by Kick will contain the equivalent information described in items (a) through (k) below, adapted to Kick's claim (excluding items that by their nature apply only to a user of the Site), and will be signed by an authorized representative of Kick. A Notice submitted by you, whether sent by certified mail or by email to support@gokick.com with delivery confirmation, must include all of the following: (a) your full legal name and current postal address; (b) all email addresses you have used in connection with the Site or Services, so that we can locate your records; (c) the specific date or dates on which you accessed the Site or Services that form the basis of the claim; (d) the specific URL or URLs accessed, and the approximate timestamps of the access, in each case to the extent known to you; (e) the device type, operating system, and browser used, and the IP address or addresses used to access the Site or Services, in each case if known to you; (f) a factual basis for your standing to bring the claim, including your relationship to the Site or Services; (g) a specific, personal description of the conduct alleged and how you were personally affected, including any harm you allege; (h) the legal theory or theories on which the claim is based, to the extent reasonably known to you after reasonable inquiry (if you are not represented by counsel, you are not required to identify a specific legal theory); (i) the specific relief sought ("Demand"); (j) the disclosures described in the following paragraph; and (k) your personal signature, together with a statement, signed by you personally (and not solely by a representative), verifying that you have reviewed the Notice and that its factual contents are true and accurate to the best of your personal knowledge. These items are the information Kick reasonably needs to locate your records, investigate your dispute, and respond meaningfully; you are not asked to provide forensic analysis, Kick's internal records, or any material you do not already have. A Notice is complete when it includes all of the items listed above. A Notice that omits an item is not rejected or dismissed: it is procedurally deficient, and the dispute-resolution timelines under this Section do not begin to run until a complete Notice is received.
Disclosures to Enable Good-Faith Assessment: To enable a good-faith assessment of any claim asserted under these Terms of Use, and to enable the arbitrator to screen for fraud, abuse, or improper purpose, your Notice must also disclose: (i) the nature of your fee arrangement with counsel, if any, including whether the representation is on a contingency, fee-sharing, referral, or hourly basis, the rate or percentage applicable, and the identity of any third party providing funding or financing in connection with the claim; and (ii) a list of all claims, demands, formal complaints, or arbitration proceedings filed by you within the 24 months preceding the Notice that assert substantively similar legal theories or arise from substantively similar conduct, including the names of respondents and the disposition of each. These disclosures exist solely to permit an informed, good-faith assessment of the dispute. They do not by themselves determine the outcome of any claim: nothing in this paragraph causes a claim to be dismissed, reduced, or decided adversely by reason of the information disclosed, and what weight, if any, to give the disclosures is left entirely to the arbitrator's discretion under the applicable rules and law.
Required Informal Dispute Resolution: Upon receipt of a complete Notice from either party, the parties must engage in good faith negotiations to informally resolve the dispute for a period of at least 60 days (the "Negotiation Period"). Those discussions shall include not fewer than two individualized, principal-level meetings, each attended by you (or your authorized representative) and by a principal or authorized officer of Kick with authority to resolve the dispute. Kick will make available a reasonable slate of dates within the Negotiation Period and you may select from that slate. All meetings may be conducted by video conference or telephone; you are never required to travel, and you may be accompanied by counsel or an authorized representative, or have your authorized representative attend in your place. Absent agreement, no meeting need exceed sixty (60) minutes. Either party may reschedule once for good cause. The purpose of the meetings is a good-faith, individualized discussion of your specific dispute. Neither you nor Kick may initiate arbitration pursuant to this Arbitration Agreement prior to the expiration of the Negotiation Period, and both you and Kick agree that the Negotiation Period and the required meetings are material conditions precedent to the commencement of arbitration. If an arbitration is commenced before these requirements are satisfied, the arbitrator shall, upon request, stay the arbitration until they have been satisfied; the statute of limitations and any filing-fee deadlines will be tolled during the Negotiation Period, so complying with this process will not cost you any substantive rights.
If Kick and you do not reach an agreement to resolve the claim within the Negotiation Period, you or Kick may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Kick or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Kick receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000.
Arbitration Rules: The arbitration will be governed by the Consumer Arbitration Rules and, where applicable, the Mass Arbitration Supplementary Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Kick and you agree otherwise, any in-person arbitration hearings will take place in the county (or parish) of your billing address. You may elect to appear at any in-person hearing by videoconference or telephone; the mode of any hearing is otherwise determined as set forth below for claims of US$10,000 or less and, for all other claims, by the arbitrator in accordance with the AAA Rules. The arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Kick's last written settlement offer made before an arbitrator was selected (or if Kick did not make a settlement offer before an arbitrator was selected), then Kick will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. To the extent California Code of Civil Procedure §§ 1281.97 - 1281.99 apply, Kick will pay any arbitration fees within the statutory timelines.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Kick pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Kick, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Kick.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Kick in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND KICK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This class-action and representative-action waiver is non-severable from the arbitration agreement set forth in this Section. If a court or arbitrator finds this class-action waiver unenforceable as to a particular claim, then the arbitration agreement set forth in this Section shall be null and void as to that particular claim only, and that claim shall proceed in a court of competent jurisdiction; all other claims shall remain subject to individual arbitration under this Section. Severance of this class-action waiver from the remainder of the arbitration agreement is not permitted; a court may not leave a party in arbitration while simultaneously permitting class treatment of that party's claims.
Confidentiality. The parties agree to keep confidential the following aspects of the arbitration, unless disclosure is required by law or is necessary to enforce this Agreement or an arbitration award: the amount and terms of any settlement offer or agreement; any health, medical, or financial information disclosed in the proceeding; trade secrets and other confidential business or proprietary information; and any material subject to a protective order entered by the arbitrator. This obligation does not render the existence of the dispute, the identities of the parties, or the outcome categorically confidential. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Nothing in this paragraph restricts your right to make truthful statements about your own experience with the Site or Services, to make disclosures required by law, or to communicate with any government agency or regulator.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect, provided that the class-action and representative-action waiver set forth above is non-severable from the arbitration agreement as expressly stated in that provision.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement, including the rights set forth in this Arbitration Agreement as they apply to the party asserting the claim.
Right to Opt Out of Arbitration. You have the right to opt out of and not be bound by the arbitration agreement set forth in this Section 22 (including the class-action waiver) by sending written notice of your decision to opt out to: Kick Health, Inc., Attn: Legal Department, 1111B S Governors Ave Ste 48267, Dover, DE 19904-6903, or by email to support@gokick.com with delivery confirmation. The notice must be signed by you and must be received by Kick within thirty (30) days after the date you first accept these Terms of Use (or thirty (30) days after the date these Terms of Use are first amended in a way that materially changes this Section 22, whichever is later). If you opt out as set forth above, neither you nor Kick will be bound by the arbitration agreement or the class-action waiver set forth in this Section 22 with respect to all claims, except any claim already the subject of a pending arbitration or a Notice submitted as of the date the opt-out is received. If you do not provide notice of opt-out as set forth above, you agree to be bound by Section 22 in its entirety. Your opt-out from arbitration does not affect the Pre-Suit Notice and informal dispute resolution obligations of this Section 22 or any other provision of these Terms of Use, including the Governing Law clause.
Changes to this Arbitration Agreement. Any change Kick makes to this Section 22 applies only prospectively. A change does not apply to any dispute of which either party had notice before the change's effective date, and does not apply to a claim that arose before that date unless you agree. Kick will provide conspicuous notice of any material change to this Section and, where required by applicable law, will obtain your affirmative assent; a new thirty (30) day opt-out period, exercised as described above, begins on the date of that notice. If you do not opt out within that period, the amended Section applies to claims arising after its effective date; if you do opt out, the version of this Section you previously accepted continues to govern your then-existing relationship with Kick.
Pre-Suit Notice for Non-Arbitrable Claims. If you elect to opt out of the arbitration agreement under the preceding paragraph, or if your claim is one of the categories specified above as not subject to arbitration (including small claims court actions and any claim brought in court for injunctive or equitable relief), you agree, as a condition precedent to commencing any such action: (i) to provide Kick with sixty (60) days' prior written notice of the claim, in the same form and containing the same information as the Notice Requirement above; and (ii) to engage in good-faith informal resolution discussions with Kick during those sixty (60) days, including any settlement conference requested under the Required Informal Dispute Resolution provision above. If an action is commenced before these requirements are satisfied, Kick may ask the court to stay the action until they have been satisfied, and the statute of limitations will be tolled during the sixty (60) day notice period. This Section does not apply to a request for emergency equitable relief filed solely for the purpose of preventing immediate and irreparable harm.
Threshold Review for Good Faith. As a threshold matter and prior to merits adjudication, the arbitrator is authorized, on the arbitrator's own motion or on motion of either party, to consider whether a claim or counterclaim was asserted in good faith or bears indicia of fraud, abuse, or improper purpose. In conducting any such review the arbitrator may consider, without limitation, the disclosures provided under the "Disclosures to Enable Good-Faith Assessment" paragraph above, the specificity and accuracy of the Notice, the conduct of the parties during the Negotiation Period, the existence of substantively similar claims previously asserted by the party asserting the claim or its counsel, and any other information the arbitrator considers relevant. If the arbitrator finds, by a preponderance of the evidence, that a claim or counterclaim was asserted in bad faith or for an improper purpose, the arbitrator may dismiss it, in each case to the maximum extent permitted by applicable law and the rules of the arbitration provider. Any consequence for fees or costs remains governed by the "Sanctions for Frivolous Claims" and "Costs and Fees" paragraphs below, and nothing in this paragraph creates any additional entitlement to fees or costs. This paragraph is intended to permit screening for fraud, abuse, and improper purpose. It is discretionary and not automatic; it applies equally to claims asserted by Kick; the standard is bad faith or improper purpose and not whether a claim is weak or unlikely to succeed; and it shall not be construed to limit any party's ability to assert a good-faith claim on the merits.
Sanctions for Frivolous Claims. Sanctions and any award or reallocation of attorneys' fees, arbitration fees, costs, or expenses are governed exclusively by applicable law, the AAA Rules, and the applicable fee schedule. Nothing in these Terms of Use expands the authority provided by those sources.
Costs and Fees. The payment of all filing, administration, and arbitrator fees will be allocated between the parties as provided by the AAA Rules, including the consumer fee schedule of the AAA's Consumer Arbitration Rules. Each party shall otherwise bear its own attorneys' fees except as provided elsewhere in this Section or as required by applicable law or by the rules of the arbitration provider.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Kick.
Small Claims Court. Notwithstanding the foregoing, either you or Kick may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. Additionally, to the extent California law applies and the doctrine of McGill v. Citibank, N.A. (2017) 2 Cal.5th 945 prohibits the waiver of a claim for public injunctive relief, such a claim shall not be subject to this Arbitration Agreement and may be brought in a court of competent jurisdiction in California; provided that any monetary or individual relief sought in the same action shall be severed and arbitrated under this Section.
Governing Law and Jurisdiction. All legal issues arising from or related to your use of the Site and these Terms shall be construed in accordance with and governed by the laws of the State of Delaware applicable to contracts entered into and performed within the State of Delaware. Solely in the event that the foregoing Arbitration Agreement permits the parties to litigate in court (a) the parties hereby agree that all matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) and (b) any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site that is permitted to proceed in court under this Section shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. This paragraph governs court proceedings only; the location of any arbitration hearing is determined under the Arbitration Rules paragraph above. Nothing in this paragraph deprives you of the protection of any provision of the law of the state in which you reside that cannot be waived or varied by contract.
Venue and Forum Waiver. To the fullest extent permitted by law, you hereby waive any objection which you may now or hereafter have to an inconvenient venue and/or forum with respect to an arbitral proceeding conducted in accordance with the venue provisions of the Arbitration Rules paragraph above (in the county of your billing address, or by videoconference or telephone). If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Site from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute, claim, or cause of action arising from these Terms or your use of the Site shall be governed by the applicable law set forth above, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs.
Specifically excluded from application to these Terms is the United Nations Convention on Contracts for the International Sale of Goods.
Batching. If twenty-five (25) or more similar arbitration demands are filed against Kick by the same or coordinated counsel or parties arising from the same or similar factual circumstances, the claims shall be administered as follows. If the AAA determines that its Mass Arbitration Supplementary Rules apply, the demands will be administered under those Rules, and the AAA, the Process Arbitrator, and any Merits Arbitrator will have only the authority those Rules provide. The parties may agree after filing to additional case-management procedures, but no bellwether or similar result will bind a claimant who did not participate in that proceeding. Independently of the AAA Rules, the parties agree that the statute of limitations and any filing deadlines are tolled for each such demand from the submission of a substantially complete demand until thirty (30) days after the AAA finally declines to administer it or the demand is otherwise resolved, so that no claimant loses any right by reason of the coordinated-filing process.
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, pandemics, epidemics, or public health emergencies (whether or not declared by a governmental authority), cyber-attacks, ransomware, denial-of-service attacks, governmental orders, sanctions, export-control restrictions, supply-chain disruptions (including disruptions affecting active pharmaceutical ingredients or compounding inputs), failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
You agree to defend, indemnify, and hold harmless Kick, Kick Medical, and any of their affiliates, from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Kick, Kick Medical, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
All questions and requests relating to Site support must be directed to Kick. To submit a support request, please send us a secure care message in your account. The Select Third Parties, as defined in Section 27, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Kick will use commercially reasonable efforts to respond to questions and provide support during normal business hours of Monday - Friday, 7am - 6pm Pacific Time. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
Kick will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. Kick, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE (I) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
Kick reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Kick reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Kick and you pertaining to the subject matter hereof. In its sole discretion, Kick may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright/Trademark Information. Copyright ©2026 Kick Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Kick Health, Inc.
1111B S Governors Ave
Ste 48267
Dover, DE 19904-6903
Telephone: 415-723-6001
Email: support@gokick.com