Terms and Conditions

HEP Builder Terms and Conditions

An agreement between You and Ask Doctor Jo, LLC

By using the HEP Builder website (the “Site”), you attest to the fact that you have read and agree to the following these terms and conditions:

Description of the Site

Ask Doctor Jo, LLC (“we”, “us”, “our”, or the “Company”) is the owner and operator of this HEP Builder website, located at http://www.hepbuilder.com and http://www.hepbuilder.net (the “Site”) which provides a home exercise program creator for healthcare professionals (the “Services”), comprised of various web pages including text, graphics, logos, images, videos, software as well as the compilation thereof (the “Content”).

These Terms and Conditions (the “Terms”) govern your access to and use of the Site, and your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. If you do not agree with any of these Terms and Conditions, you are expressly not authorized to use the Site.

If you are using the Site for or on behalf of a business enterprise or other organization, then you accept these Terms on behalf of such organization, and references to “you” and “your” herein will apply to this organization. You further represent and warrant that you have authority to enter into this agreement on behalf of the organization.

Authorized User Qualifications

The Site is a resource intended for use only by licensed or certified healthcare professionals and by students studying to become healthcare professionals. By using the Site, you represent and warrant that (1) you are a healthcare professional, are properly licensed or certified to treat patients and have obtained all the required insurances and certifications to practice in your field, OR (2) you are a student studying part-time or full-time in the healthcare field at an accredited institute of higher learning and are only using the Site as an informational tool to enhance your education.

License Grant

Subject to your creation of a free account, or timely payment of the applicable subscription fee (the “Fee”) for a PRO account, the Company grants you a limited, revocable, non-transferrable, non-exclusive, non-sublicensable, single-user license to access and use the Services. This single-user license may not be used by any person other than you. If you have paid the applicable Fees for a PRO Clinic or PRO Education License under the terms of your subscription materials, then you are entitled to the number of single-user licenses as are specified in your subscription materials; provided, however, that each license is still for a single user, and may not be shared by multiple people.

PRO Subscription Term

The Fee for each billing period will be automatically charged to your designated payment account based on the PRO subscription term associated with the subscription package you selected. Your PRO license will remain active, and automatic renewals of your PRO license will continue to be charged, until you elect to cancel your subscription to the Services pursuant to these Terms, or until the Company terminates your license because of failure to comply with any of these Terms or for other reasons outlined in these Terms.

All Fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. All Fees are payable in U.S. Dollars and are based on the subscription package that you selected, not on actual usage (unless otherwise indicated).

Cancellation/Refund Policy

You may cancel your subscription to the Services at any time. Refunds will not be given for monthly PRO subscriptions. Annual PRO subscriptions will qualify for a refund of 75% of the annual subscription price paid only if a request for a refund is made in writing within 30 days of the enrollment date. If no refund request is made, or the request is made after 30 days of the enrollment date, a refund will not be given.

Third Party Advertising

We use third-party advertising companies to serve ads on all free accounts both within the HEP building platform and associated videos. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other website in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit: http://www.networkadvertising.org/choices/ PRO accounts do not contain advertising within the HEP building platform or on associated videos.

Your account

You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company reserves the right to refuse or cancel service, terminate accounts, or remove users in our sole discretion.

User Modifications and Enhancements

The Site may allow for user modification of Content. You accept full responsibility for all changes made to such Content, whether changed through the Site’s system or after the Site generates the Content.

The Site accepts user suggestions for additional exercises. The Company is under no obligation to publish exercises based on these suggestions and reserves the right to alter any request. All user submitted content becomes the sole property of the Company. No payments, credit or acknowledgement will be given to the submitting user.

Privacy

Your use of the Site is subject to The Company's Privacy Policy, located at http://www.hepbuilder.com/content/privacy-policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Links to third party sites/Third party services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All Content on the Site is the sole property of the Company or its suppliers or licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. The Company Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use and for creating home exercise programs for your personal clients, and will make no other use of the Content without the express written permission of the Company. You agree that you do not acquire any ownership rights in any way to the protected Content. We do not grant you any ownership, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by the Company from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for and against any losses, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from, relating to or arising out of your use of, misuse of, or inability to use the Site or its Content or services, any user postings made by you, your violation of any these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

DISCLAIMER OF LIABILITY

USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASK DOCTOR JO, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DISCLAIMER OF WARRANTIES

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND ASK DOCTOR JO, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITIES

ASK DOCTOR JO, LLC’S LIABILITY IS LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO ASK DOCTOR JO, LLC PURSUANT TO THE TERMS OF THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASK DOCTOR JO, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR INJURY WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, CLIENT INJURY OR DEATH, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, MISUSE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASK DOCTOR JO, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing Law/ Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All parties agree that this agreement and all related documents will be written in English.

Changes to Terms

The Company reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

Electronic Communications

Visiting the Site or sending emails to you constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Contact Us

The Company welcomes your questions or comments regarding these Terms: http://www.hepbuilder.com/contact

Last revised September 5, 2016.