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FOR PROFESSIONALS
 

Pain Relief That Works®

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.
By accessing or using this website, mobile application or other Hygenic Corporation product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Hygenic Corporation. Hygenic Corporation may change these Terms of Use at any time, and the changes will be effective when they are posted to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Hygenic Corporation is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

INTELLECTUAL PROPERTY
All intellectual property on the Platform (except for User Generated Content) is owned by Hygenic Corporation, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, trade dress (including the TheraBand Color trade dress consisting of yellow, red, green, blue, black and gray) and trade names are owned, registered and/or licensed by Hygenic Corporation. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Hygenic Corporation; All rights reserved. By using the Platform, you acknowledge Hygenic’s ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof.

PLATFORM USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Hygenic Corporation products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Hygenic's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS
All orders placed through the Platform are subject to Hygenic Corporation's acceptance. This means that Hygenic Corporation may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Hygenic Corporation will issue you a refund. Hygenic Corporation attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfillment industry.

SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Hygenic Corporation accounts. Keep your usernames/passwords secure and do not allow anyone else to use your usernames/passwords to access the Platform. You agree to immediately notify Hygenic Corporation of any unauthorized use of your account. Hygenic Corporation is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Hygenic Corporation.

You, and not Hygenic Corporation, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Platform. We do not have an obligation to review the contributions posted to the Platform, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.

ELIGIBILITY AND REGISTRATION
To become a member of the Hygenic Corporation Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

HYGENIC CORPORATION'S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Hygenic Corporation a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Hygenic Corporation legally sufficient notice to Hygenic Corporation of infringement. Send copyright infringement complaints to:

Legal Department (Copyright)
1245 Home Avenue, Akron, Oh 44310
Telephone: 330.633.8460
Fax: 330.633.9359

We suggest that you consult your legal advisor before filing a notice with Hygenic Corporation's copyright agent, because there may be penalties for false claims.

LINKS
The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Hygenic Corporation does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Hygenic Corporation is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Hygenic Corporation's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hygenic Corporation, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Hygenic Corporation is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Hygenic Corporation is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER
Hygenic Corporation is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Hygenic Corporation disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement. Hygenic Corporation cannot guarantee and does not promise any specific results from use of the Platform. Hygenic Corporation does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Hygenic Corporation does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Hygenic Corporation reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY
HYGENIC CORPORATION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF HYGENIC CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST HYGENIC CORPORATION FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF HYGENIC CORPORATION IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, HYGENIC CORPORATION’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW; JURISDICTION; DISPUTES
This Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in Summit County, Ohio in any such legal action or proceeding.

You agree that all disputes, actions, and claims relating to you access to or use of the Platform and all matters arising out of or related to these Terms of Use (except for legal action taken to seek an injunction or other equitable relief related to the Platform or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of Ohio, without regard to choice of law principles.

You furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

In the event of a Dispute, you or Hygenic Corporation must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Hygenic Corporation at Attention Arbitration, Hygenic Corporation, 1245 Home Ave, Akron, OH 44310. You and Hygenic Corporation will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Hygenic Corporation may commence arbitration. You are not required to wait 60 days to file a small claims action.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Summit County, Ohio. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Hygenic Corporation will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.

You agree that the making of claims or resolution of Disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.

To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn't filed within one year, it's permanently barred.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

YOUR RESPONSIBILITY DURING A CLAIM
You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms of Use and you will allow us to handle any such claim.

SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION
Hygenic Corporation reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Hygenic Corporation also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

CHANGES TO THE PLATFORM AND THESE TERMS OF USE
The Platform and the Terms of Use may be changed by Hygenic Corporation and the changes will be effective when they are posted to the Platform. Please review the Platform periodically for changes. If there are material changes, we may send you notice of the change by e-mail or through other methods on the Platform. Continued use of the Platform following any change constitutes your acceptance of the change.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Effective: 8/4/14
Last Updated: 8/4/14