Effective date: January 26, 2020
Welcome to Ability Fix. Thank you for downloading our mobile app(s) or using our WebApp Services. Our mission is to make you, the consumers and end-users, better by bringing professional aquatic fitness to your devices. We aim to enable and enhance your ability to achieve your rehab our fitness goals through innovative design and content. This mission covers our online community as well through our websites, applications, and connected products and services (which we collectively refer to in these Terms and Conditions as the “Services”).
Please read this Terms and Conditions Agreement (referred to throughout as our “Terms”) carefully because it set’s forth legal rights and obligations by clicking “I agree”.
By accessing, using or uploading or downloading any information or materials to or from the services, or by indicating your assent to these terms by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to the these terms. If you do not agree to the these terms, do not access or use the services.
You are subscribing to the Services for a defined period of time (the "Initial Term”), then unless you decline to continue using our Services during your trial period, you will obligate yourself to these Terms.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
We care about the words we use because they explain things we all care about. The following are terms we want to be sure are clear:
App(s) - refers to our mobile application made available to you on the Apple AppStore, iTunes, Google Play, Android Marketplace or other mobile app stores, as well as the WebApp available through your browser on any device.
The Company, We, or Us - refers to Hair Studio Inc. DBA the brand Ability Fix.
Services or Service - refers to our website, mobile and web applications, connected products and services.
Initial Term - Your? subscription to the Services for a defined period of time.
Registered User or User(s) - refers to users of our Services that have subscribed to an Initial Term and have created an account.
You - (whether or not capitalized, and including variations such as “your,” etc.) refers to you, the person who is entering into this Agreement with Ability Fix. Using the Services on behalf of a company or other entity the term “you” will refer to such entity and its affiliates.
Account - The collective data you have given us when you registered.
Content - refers to any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, maps, geo-data, workouts and workout data, biometric data and data elements derived therefrom, workout plans, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through our Services.
User-Generated Content - refers to any Content that a user submits, transfers, or otherwise provides to us through the use of our Services.
AF Content - refers to any content not generated by a user.
Interactive areas - These are community Services that may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another.
Caregiver - Physician, Nurse, Physical Therapist, Healthcare worker, Family Member, or any person who is in a position to influence a user to potentially use our Services.
This may not be a complete list. Other words, or phrases, may be defined below as we use them or shorten them in the context of this agreement.
Who We Are
Ability Fix is a digital platform consisting of mobile Apps and a WebApp that assembles aquatic or water exercises, into “workout playlists” that can fit your time frames. Ability Fix assembles individual video water exercises into a targeted aquatic workout of any length by matching your account metadata into a suggested workout. It allows you to then play that sequence. in video or audio format, as is, or customized to your needs and then share those workouts with other users.
The App tracks your physical activities without any hardware accessory (other than your phone). It records data related to its use by you and motivates you in various ways to help you accomplish your fitness goals. This may include in-app notifications and e-mails or other means of communication. You have the choice at any time to set those methods.
Ability Fix also offers other services that help you pursue your fitness goals, including the ability to interact with certified personal trainers through its forum and educational blog.
Your Account and Registration
You must be of legal age. The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You must register. You will need to register for an Ability Fix account to access or use certain Services. Your privileges will be set depending on what your subscribing to. Your account may also automatically provide you access and means to use any new Services when such new Services become available.
When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.
You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Ability Fix of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Ability Fix.
Payments and Fees
To pay your subscription fee, you must pay through the Google Play or iTunes App store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Ability Fix, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account contact Google Play or iTunes.
Ability Fix subscription fees are Auto-Renewed. This means that you will be billed automatically at the start of the monthly or annual period, as applicable. These subscription fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below. If you cancel the paid subscription, your subscription will continue until the end of the Initial Term and then downgrade to the free Caregiver Service.
Your Service may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified or offered. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel your membership prior to the end of the free trial period.
Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your membership at any time by visiting your iTunes or Google Play account subscription pages.
If you decide you do not want to be a subscriber of our Services, you must cancel your subscription before the end of the Free Trial period. You will lose access at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
The Caregiver subscription is our free version for life. If you wish to upgrade to our regular subscription, you can do so at any time through the Google play Store or iTunes store. You waive the right to the Free Trial when you upgrade your subscription using this method.
To the maximum extent permitted by applicable laws, we may change our prices for Our Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Subscription prior to the change going into effect.
Content and Ownership
In a nutshell, you own what you create while using our Services, and we own what we created to bring these Services to you, and don't use other peoples stuff without their permission.
About Your Content
You retain ownership, responsibility for, and/or other applicable rights for the User-Generated Content that you create, but grant a license of that User Generated Content to Ability Fix. This means that when you post Content in connection with the Services, it belongs to you - however, you're giving us permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason at our discretion. Don't post any content that is not yours or that you do not have permission to post.
When you provide User-Generated Content to Ability Fix through our Services, you grant the Company and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sub-licensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) Ability Fix has no obligation to notify you or to provide you with any credit when using your User-Generated Content, but if Ability Fx chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this license are for the limited purposes of allowing Ability Fix to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant Ability Fix the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
About Our Content
You are welcome to access and use the AF Content and Services. We have, and continue to work hard to give you, our users, a great experience. Please respect our intellectual property rights and only use the Ability Fix's Content and Services as intended. This includes not using any of our Content and/or Services for commercial purposes without our permission.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and AF Content for your own personal, noncommercial purposes.
Our Content Rules
Because things have to be stated clearly for everyones sake, here what you are prohibited from doing with or to our Content or Services:
We appreciate that you want to help spread the word about us. However, if you share someone else's personal information with us, you must first get their permission.
We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends, family, and clients. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.
We are honored that you feel you would like to link to our Content and Services within your areas of control. When you do so please follow these guidelines.
Any link to our Services must be a text only link clearly marked “Ability Fix” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by Us).
The appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks.
The link must “point” to a public content section of our services and not to any private or secure place.
The appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Us.
When selected, the link must display the page on full-screen and not within a “frame” on the linking website or service.
We reserve the right to revoke its consent to the link at any time and at our sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
Retention of Content
Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.
We appreciate that you like our App. Some of you may be more fit than others, which is why we created the different Ability Levels. Please don't do more than you are capable of. If you have any medical conditions or are thinking about starting our exercise program or engaging in the physical activities of our app, you should consult your doctor first. Our motto is; If it hurts don't do it! If it feels good, do more of it!
You expressly agree that your athletic activities (including, but not limited to, an Ability Fix workout plan offered on the services) carry certain inherent and significant risks of drowning, property damage, bodily injury or death. You voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Ability Fix or by the action, inaction or negligence of others.
If you are a Caregiver and download the caregiver version of our app, please consider the physical condition of the person your are caring for and only give them exercises that will improve their health. Don't make them do things they aren't capable of.
The lower levels of Ability Fix exercises were designed for individuals who have limited mobility and balance. The exercises cannot, and should not, be used without first consulting a licensed medical professional about your underlying injuries. Even after this consultation, please tell your medical professional of any changes you might notice in the injured or affected area so that they may continue treat those injuries appropriately and recommend appropriate exercises for you.
The mid and upper levels of Ability fix are designed for average to excellent mobility. We have created ways for you to tell us about any limitations you have and try to give you only those exercises we feel you can safely do. However, use your judgement and don't do any exercises that hurt. Be safe!
If you are pre- or post-natal and wish to work out with our services, we suggest you consult with your doctor prior to participating in any of the exercises. Pay close attention to how your body feels during and after those workouts and stop participating in the workouts upon any sort of discomfort. Be safe!
We assume no responsibility for you doing exercises and workouts that are above your Ability Level. We make every attempt to show you the correct way to do an exercise, however, we can't prevent you from doing an exercise wrong and assume no liability for you doing so. When in doubt don't do it. Safety first!
It's important to us that users stay healthy while achieving their fitness goals. We provide our Services for information purposes only, and can't be held liable if you get injured or something goes wrong. In particular, while most of the content posted by the other users in our community is helpful, it is coming from strangers on the Internet and should never trump good judgment or actual medical advice.
We aim to provide useful general information for our community of differing physical abilities, not professional medical advice. The Services are not medical devices or services, and the data provided by them is not intended to be utilized to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Ability Fix and you, even if such a professional recommended exercises or workouts provided by our Services.
Ability Fix does not assume responsibility for the inspection, supervision, preparation, or conduct of any, contest, challenge, or group activity that utilizes the services.
Within our services there are Interactive Areas that allow all users to interact with one another. This is our community. When you post content through these features that content may become public. We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users. Please use good judgment and play nice.
You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.
We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. Ability Fix is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release Us from all responsibility and liability arising out of or in connection with such dispute.
Our Community Rules
Our Services are intended to be a safe and supportive environment to help each other out by providing usage tips, education, and other related content. It is not intended, and therefore you cannot use our services to post inappropriate material, harass people, send spam, violate intellectual property rights, or act inappropriately. Be reasonable and act responsibly.
Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules when posting User-Generated Content and using our Services. Our Community Rules are based in many instances on principles of applicable law. Violations of our Community Rules accordingly may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Rules. If you violate the them, we reserve the right to terminate your access to the Services.
Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community;
Derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor. This includes expressing stereotypes about any group or community; Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.
Content intended to promote weight loss products or procedures, including non-medically prescribed supplements or MLM.
Posts that promote profiles, groups, messages, other posts, or wall comments that encourage anorexia, bulimia, or very low calorie diets. This includes positive references to anemia, purging, or self-starving.
Photos intended to glamorize extreme thinness.
- Don’t use the Services in a way that harms minors in any way.
- Don’t spam people via posts, replies, or messages.
- Don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
- Don’t publicly post an email or private message from any other user, moderator or administrator.
- Don’t post Content in breach of any contractual or other legal duty owed to a third party.
If we determine you are violating the Community Rules or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Rules at our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
Unfortunately, people do post inappropriate content on user-generated content sites. We do our best to keep the community safe and secure (users respecting the Community Rules helps), but you still might run into bad content before we have a chance to take it down. If you spot anything objectionable, please let us know.
While we require all of our users to comply with the Community Rules and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Rules or these Terms at all times. If you believe any Content submitted to our Services violates the Community Rules, or if you know or suspect someone is misusing your User-Generated Content, please report it to the Support Team. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Rules.
Claims of Infringement / DMCA
We respect intellectual property laws. Not everyone does, so if you believe User-Generated Content or Ability Fix's Content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided below. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:
Identification of the material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be addressed as follows:
3430 Executive Pointe Way
Carson City, NV 89706
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights.
Indemnification of Other Parties
Speaking of other people and what they may do, we want you to understand as well that any other party's products and services made available on our Services are made and offered directly by the applicable third party and not Us and you should understand you are interacting with them and bound by their Terms, and not ours.
Ability Fix or third parties may provide links to other internet sites or resources through our Services. Ability Fix does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Ability Fix is not responsible for the availability of such external sites or resources.
Disclaimer of Warranty
The information, software, products, services and content available through the services are provided to you “as is” and without warranty. Ability Fix and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Ability Fix and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.
If you are a resident of the United States you indemnify us by agreeing to defend, indemnify and hold harmless Ability Fix, its related entities, affiliates, and its and their directors, officers, managers, employees, agents, and licensors, from and against any losses, expenses, damages, costs, and claims by you or any alternate third party which may arise from or relate to this Agreement or the provision of our Services to you, including any damages caused by your use of our Services, your interaction with any other users of the Service or personal trainers facilitated via the Service, or acceptance of the offers contained therein. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
If you live n California: California does not allow some or all of the exclusions or limitations of liability above, such as exclusions for consequential or incidental damages, thus, some of the above limitations or exclusions may not apply to you. In entering into this release, you acknowledge that you have read and understand, and hereby expressly waive the benefits of, section 1542 of the civil code of California, (and any similar law of any state in the US), which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Ability Fix’s own fraud, recklessness, gross negligence or willful misconduct.
In the event that any provision of this Agreement is found to be unlawful, conflicting with another provision of this Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
Our Services are available in the United States only and these Terms shall be governed by and construed in accordance with the laws of the State of Nevada and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
Disputes and Arbitration, Jurisdiction and Venue
To the maximum extent permitted by applicable law, you and Ability Fix agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted in Reno, Nevada, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:
You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute;
and you must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Reno, Nevada, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or Ability Fix from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Ability Fix from (a) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (b) seeking relief in any state or federal court for disputes related to a violation or possible violation of Ability Fix’s intellectual property rights.
In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
In addition, nothing in these Terms limits your rights to bring an action against Ability Fix in the local courts of your place of domicile. All disputes arising under the Terms between you and Ability Fix will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile and you and we hereby submit to the personal jurisdiction and venue of these courts.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
We strive to make our applications available on many platforms, but we can't guarantee that our applications are compatible with your device (though, please let Customer Support know if you have a question or problem; we do want you to be able to use our Services). If you use our applications, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.
To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. Furthermore, your devices company’s normal messaging, data, and other rates and fees will still apply.
By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically from your device.
We want your feedback so please reach out to us via the communication methods with our Services or Social Media Services. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). Your communication may shape future developments of our Services. However, if you provide Feedback, you hereby grant to Ability Fix a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Us any Feedback that you do not wish to license to us as set forth above.
The following applies to any App accessed through or downloaded from the Apple's iTunes App Store (iOS App):
(1) You acknowledge and agree that (a) this Agreement is concluded between you and Ability Fix only, and not Apple, and (b) Ability Fix, not Apple, is solely responsible for the iOS App and content therein. Your use of the iOS App must comply with the App Store Terms of Service.
(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
(3) In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. As between Ability Fix and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ability Fix.
(4) You and Ability Fix acknowledge that, as between Ability Fix and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(5) You and Ability Fix acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, as between Ability Fix and Apple, Ability Fix, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(6) You and Ability Fix acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the iOS App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the iOS App against you as a third-party beneficiary hereof.
(7) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the iOS App.
The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play (“Google Play App”):
(9) Google is only a provider of Google Play where you obtained the Google Play App.
(10) Ability Fix, and not Google, is solely responsible for its Google Play App;
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes prominently. You will then need to agree to those changes to continue to use our services. If you do not agree to the changes, you must cease using our Services immediately.
Please contact us here:
3430 Executive Pointe Way
Carson City, NV 89706
Copyright © 2023 Ability Fix - All Rights Reserved.