Terms of Use and User Agreement: HURT! Digital Recovery

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PURPOSE

The physician practice that provides you care (“Practice”) is dedicated to providing resources to promote your recovery. As part of that effort, Practice has partnered with Hurt, LLC (“Hurt”) to provide you with access to a digital home exercise program, known as “Hurt Digital Recovery”, which utilizes motion-tracking technology and is intended to support patient recovery (“HDR”) delivered via specialized, proprietary technology of Hurt, including a mobile application (the “HDR Technology”).

Practice and Hurt have adopted this Terms of Use and User Agreement (the “Terms of Use”) and other policies and procedures to make you aware of your responsibilities for use of the HDR. If you do not agree to the Terms of Use, you may not utilize HDR.

By using or accessing HDR, you agree to be bound by the Terms of Use.

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USER GUIDELINES

By using HDR, I understand that HDR has certain limitations and risks. To manage these limitations and risks, Practice and Hurt have imposed the following conditions on patient participation, and I agree to be bound by the following user guidelines.

  1. HDR Does Not Replace Regular Visits with Healthcare Providers. I understand that HDR is available to supplement, not replace, physical examination and treatment by Practice staff and does not substitute for regular office appointments with my provider to evaluate, diagnose, and treat my medical conditions.
  2. HDR IS NOT PHYSICAL THERAPY SERVICES. I EXPRESSLY AGREE THAT HDR DOES NOT CONSTITUTE PHYSICAL THERAPY SERVICES AND IS NOT EQUIVALENT TO OR A SUBSTITUTE FOR PHYSICAL THERAPY SERVICES. IN THE EVENT THAT MY HEALTHCARE PROVIDER RECOMMENDS THAT I RECEIVE PHYSICAL THERAPY SERVICES, I SHOULD SEEK CARE FROM A LICENSED AND QUALIFIED PHYSICAL THERAPIST.
  3. NO HURT INVOLVEMENT IN MY USE OF HDR. I FURTHER EXPRESSLY AGREE THAT HURT HAS NOT PROVIDED ME, AND WILL NOT PROVIDE ME, ANY GUIDANCE OR RECOMMENDATIONS REGARDING MY USE OF HDR, HAS NOT COMPLETED ANY EVALUATION OF THE APPROPRIATENESS OF HDR FOR ME, AND HAS NOT OTHERWISE PROVIDED ME ANY GUIDANCE OR RECOMMENDATIONS REGARDING ANY CARE OR TREATMENT I MAY RECEIVE. PRACTICE WILL BE SOLELY RESPONSIBLE FOR CONDUCTING AN INITIAL EVALUATION TO DETERMINE IF HDR IS APPROPRIATE FOR ME AND FOR MONITORING ME THROUGHOUT MY USE OF HDR TO ENSURE THAT HDR REMAINS BENEFICIAL FOR ME. PRACTICE WILL BE SOLELY RESPONSIBLE FOR DETERMINING WHICH HDR PROGRAM(S) I WILL UTILIZE, DETERMINING THE SEQUENCE IN WHICH I WILL UTILIZE HDR PROGRAM(S), MAKING ANY ADJUSTMENTS OR MODIFICATIONS TO THE HDR PROGRAM(S) I UTILIZE, AND DETERMINING WHEN I SHOULD DISCONTINUE UTILIZING HDR PROGRAM(S), WITHOUT INTERVENTION OR INTERFERENCE BY HURT. I SHOULD CONTACT PRACTICE DIRECTLY WITH ANY QUESTIONS OR CONCERNS I MAY HAVE RELATED TO ANY HDR PROGRAMS.
  4. HDR Should Not be Used in Medical Emergency. I further understand that HDR must not be used to treat a medical emergency or acute medical condition, provide a final diagnosis, or initiate a treatment plan. In the event of an emergency, I will call 911. In the event that I am ill or have a condition or situation that is urgent, I will call Practice or go to the emergency department.
  5. HDR NOT REIMBURSED BY MEDICARE, MEDICAID, OR OTHER THIRD-PARTY PAYORS. I UNDERSTAND THAT HDR WILL NOT BE BILLED TO OR REIMBURSED BY MEDICARE, MEDICAID, OR ANY OTHER GOVERNMENT OR PRIVATE THIRD-PARTY PAYOR AND THAT HDR WILL BE PROVIDED TO ME ON A CASH-PAY BASIS ONLY.
  6. Contact Information; Log-In Information. I acknowledge that I am responsible for providing Practice and Hurt with my correct email address and informing them immediately of any change. I agree to safe-keep my log-in information, and I will not share my log-in information with any other person. I agree that neither Practice nor Hurt will be liable for any disclosure of information due to unauthorized use of my log-in. If I think someone has learned my password, I will promptly go to the HDR web site and change it. If I think someone has engaged in unauthorized use of my password, I will promptly notify Practice or Hurt. I understand Practice or Hurt may change my user name and/or password at any time to prevent unauthorized disclosures.
  7. No Unlawful or Prohibited Purpose; Restrictions.
    1. (a) I agree that I will not use HDR or the HDR Technology for any purpose that is unlawful or prohibited by these Terms of Use, in any manner that could damage, disable, overburden, or impair HDR or HDR Technology, or that could interfere with any other party’s use of the Program or HDR Technology. Without limitation of the foregoing, I agree not to, and to not cause or permit any other person or third party to: (i) sublicense, market, copy, distribute, transmit, display, publish, assign, convey, modify, create derivative works from, derive specifications from, encumber, exhibit, alter, integrate, combine, translate, record, reverse assemble, commercially exploit or otherwise dispose of in any way (on a temporary or permanent basis) other than as expressly permitted herein, reverse engineer, decompile or disassemble or otherwise attempt to discover in any way whatsoever the HDR Technology or any source code, any component thereof, underlying ideas or algorithms, software or system thereto; (ii) alter, encumber, transfer, sell, pledge, or lease the HDR Technology or any confidential information related thereto, to any third party; (iii) allow any unauthorized party to access or use the HDR Technology for any purpose; (iv) access or use the HDR Technology for third party training, commercial time-sharing, software hosting, data processing services, services rental or service bureau use; (v) remove, deface, obscure, or alter any HDR Technology copyright notices, trademarks or other proprietary rights notices affixed to or provided as part of HDR; (vi) circumvent, disable, compromise, or otherwise interfere with the security or integrity of any data, equipment, software, or system access, input, or output of HDR; (vii) use, reproduce, publish, or distribute content in connection with HDR that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right; (viii) misuse HDR for illegal purposes; (ix) use, or input any HDR Technology, or any part thereof for any unlawful, offensive purpose, or to mislead or harass anyone or transmit any libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature; (ix) use any robot, spider, search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the HDR; and (x) without Hurt’s prior permission conduct penetration testing. I acknowledge that use of the HDR Technology or HDR violating, or otherwise not in accordance with these Terms of Use is strictly prohibited. I understand that, upon providing written notice to Practice, Hurt may immediately limit or suspend my permission to receive and use HDR Technology or HDR if the terms of these Terms of Use are violated.
    2. (b) I will not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
    3. (c) Hurt by or through the HDR or HDR Technology may collect information related to you and your use of the HDR and HDR Technology (“Personal Data”). For as long as you use the HDR or HDR Technology, you agree and consent to Hurt and Hurt’s licensors collecting, processing, and transferring Personal Data (i) as instructed by you; (ii) to provide the HDR and HDR Technology; (iii) as may be permitted or required by applicable law or regulation, including without limitation, regulatory compliance purposes; (iv) to generate deidentified data for regulatory compliance purposes and for its and their own commercial purposes, including for improving its algorithms and systems, enhancing its products and services, statistical information and analytics, and providing such data to commercial partners.
    4. (d) Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the HDR or HDR Technology. I agree that such export control laws and regulations govern my use of the HDR and HDR Technology. I will comply with all such export laws and regulations and will not export the HDR, HDR Technology, or any portion thereof in violation of such laws and regulations.
    5. (e) Neither Provider nor Hurt will be liable for any failure or delay if such failure or delay is caused by circumstances beyond its or their reasonable control, including but not limited to: acts of God; natural disasters including earthquakes, floods, hurricanes, typhoons, tornadoes, and wildfires; epidemics, pandemics, or outbreaks of disease; acts of war, terrorism, riots, civil unrest, rebellion, or sabotage; government actions, orders, or restrictions; strikes or labor disputes; critical equipment failure; supply chain failures; cyber-attacks; interruption or failure of utility services including electricity, gas, water, or telecommunications; and any other similar events.
  8. Disclosure of Information. I understand Practice and Hurt may, in their sole discretion, disclose any information necessary to satisfy applicable law, regulation, legal process, or governmental request.
  9. Risks. I understand that there are risks to all on-line communications and that use of the HDR Technology may pose risks to the privacy and security of my personal information. I understand those risks include the fact that on-line communications may travel further than intended without my knowledge (forwarded, intercepted, or changed); that someone may try to impersonate me through on-line communications; that on-line communications may not be completely erased and may reside in various locations; that on-line communications may be subject to inspection; that data may not be accurately transmitted via on-line communications; and that on-line communications may contain a virus which could infect or damage my computer. I also understand that use of the HDR Technology may mean that data is transmitted through a medium over which Practice and Hurt have no control. I agree to assume the risk of any incursion into my personal information. I understand that HDR may not be operative when system maintenance is necessary or for other reasons which may be beyond the control of Practice or Hurt. I agree to assume the risk of any delay, failure, interruption of services, corruption of data or other information posted to or maintained through the HDR Technology.
  10. No Warranties; Limitation of Liability. I UNDERSTAND THAT, UNLESS OTHERWISE PROHIBITED BY LAW AND EXCEPT AS SET FORTH IN THESE TERMS OF USE, ACCESS TO HDR, THE HDR TECHNOLOGY, AND THE INFORMATION CONTAINED IN THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. I AM SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON HDR, THE HDR TECHNOLOGY, OR THE INFORMATION IN HDR, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. I EXPRESSLY AGREE THAT IN NO EVENT WILL PRACTICE OR HURT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF PRACTICE OR HURT HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. IF I AM DISSATISFIED WITH HDR, MY SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROGRAM. THIS LIMITATION APPLIES EVEN IF MY REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

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17. Term and Termination. I understand that I may only access the HDR and HDR Technology during an episode of care with Practice, and upon expiration of an episode of care, my access to the HDR and HDR Technology will terminate. I understand that Practice provides HDR through its relationship with Hurt. Practice reserves the right to request Hurt suspend or terminate my access at any time and for any reason. Hurt reserves the right to suspend or terminate my access at any time and for any reason, without prior notice. Upon suspension or termination, I will immediately cease using the HDR and HDR Technology.

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18. Updates to Terms of Use. I understand that these Terms of Use may be revised from time to time as new features and services are added to HDR, as state and federal law change, and as industry privacy and security best practices evolve. Practice will take reasonable steps to notify me of material changes to these Terms of Use. I acknowledge and agree that it is my responsibility to regularly review these Terms of Use. I further acknowledge and agree that my continued use of HDR constitutes my acceptance of the revised Terms of Use.

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19. Patient Acknowledgment. I acknowledge that I have read and fully understand these Terms of Use. I am aware of the risks and limitations associated with the use of HDR. I agree to all the conditions stated above. I acknowledge that using HDR is voluntary.