Introduction
These Terms of Service (“Terms of Service” or “Terms”) are a legal contract between you and Tether Health, LLC (“us”, “we”, “our”, “Tether Health”, or “Tether”). Tether Health is the creator of the Tether Health website (the “Website”) and the Tether Health Platform (the “Platform”). The Tether Health Website and Platform including all relevant content, products, services, and functionality associated with the Website and Platform and any other affiliated software or application owned by Tether Health, LLC are collectively referred to as the “Services.”
By accepting these Terms and accessing or using the Services, you acknowledge that you have read, understand, and agree to these Terms and the Tether Health Privacy Policy.
By continuing to use the Services, you agree that:
Services Overview
The Services are designed to provide individuals who access or register as users of the Services (“Users”) a platform which connects you, your physical therapy provider and your orthopedic provider to allow your providers to monitor your progress and recovery.
Tether Health works with independent affiliated professionals such as physical therapists and orthopedic surgeons (collectively, “Professionals”) to ensure appropriate referrals are made, follow-up on referrals and monitor your ongoing progress, all via the Tether Health Website and Platform. Tether Health provides non-clinical administrative and operational services to the Professionals through the Platform and facilitates the exchange of clinical data among the Professionals.
Tether Health reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms to the Website and/or Platform.
Healthcare Disclaimer
Important Healthcare Notice
TETHER HEALTH IS NOT A HEALTHCARE PROVIDER. Tether Health has no ownership interest in Professionals, does not have control over the clinical decision-making of the Professionals, and is not responsible for the quality of care provided by the Professionals. YOU SHOULD NOT DELAY TREATMENT OR IGNORE ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER BASED ON INFORMATION PROVIDED BY TETHER HEALTH.
If at any time you are concerned about your care or treatment, or you believe you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
App Store & Google Play
Tether Health may provide access to its Platform through a mobile application. If you downloaded our app (“Tether Health App”) from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, you acknowledge and agree to the following:
Apple users only: If you downloaded the Tether Health App from the App Store, the license granted to you in these Terms is non-transferable and is for use of the Platform on any Apple products that you own or control.
Access to Services
You must register to create an account (“User Account”) and become a registered user to access any Services other than the Website. The registration process begins when you enter your demographic information (e.g., name, email address, contact information) into the Platform or Website.
By registering for an account and using the Services, you represent and warrant as follows:
Services Ownership & Use
Tether Health owns the Services, including all content and functionality you access through the Services. Subject to your compliance with these Terms, Tether Health grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.
You own your Personal Information and any other information you submit on or through the Services. As a condition of using the Services, you grant to Tether Health a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your Personal Information for the purpose of providing the Services, subject to applicable law and the restrictions in the Tether Health Privacy Policy.
Note on Data Charges
Your use of the Services may involve or require the transmission of significant amounts of data. You are responsible for all data charges that may be charged by your wireless carrier or Internet service provider.
Restrictions on Use
You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you shall NOT:
Tether Health reserves the right to suspend or terminate your use of the Services without notice if you partake in any of the prohibited uses described above.
Protecting Your Login Information
You are solely responsible for (i) maintaining the strict confidentiality of your username and password (“User Credentials”), (ii) not allowing another person to use your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials.
How We Protect Your Privacy
Tether Health values your privacy and is committed to keeping your Personal Information confidential. Please see the Tether Health Privacy Policy for an explanation of our privacy practices, the information we collect from you, how we use that information, and your rights regarding your Personal Information.
By using the Services and accepting these Terms, you acknowledge that Tether Health may share your Personal Information with third parties, including your Provider, in accordance with the Privacy Policy. We will seek your consent to share your Personal Information with third parties before doing so where required by law.
Unless specifically stated in the Tether Health Privacy Policy, we do not control how third parties whom you share information with may further use and disclose such information.
Electronic Communications
When you access or use the Services or send emails or text messages to us, you consent to receive communications from us and our Professionals electronically. We may communicate with you via email or via SMS text message.
By choosing to use the Services, you are opting in to receive text (SMS) messages from us and our Professionals regarding the Services. These communications may contain Personal Information and may also contain promotional and marketing material.
SMS Opt-Out
You can opt out of any of our SMS services at any time by texting “STOP” to the message received from the mobile device subscribed to receive the SMS messages. After sending “STOP”, we may send you one final text message to confirm that you have been unsubscribed.
You understand that while Tether Health takes your privacy and the security of your health and sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. If you choose to send or receive sensitive information by text message or email, you do so at your own risk.
Third-Party Websites & Services
In the course of using the Services, you may be introduced to areas or features of the Services that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). Your use of such Third-Party Sites is governed exclusively by the respective terms and rules of those sites.
To the extent any features offered through the Services are provided by third parties (“Third-Party Service Providers”), you may be subject to additional terms and conditions. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy.
Warranty Disclaimers & Limitation of Liability
AS-IS Disclaimer
The Services are provided “as is,” without warranty of any kind, either express or implied. Tether Health explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of the course of dealing or usage of trade.
Liability Cap
To the fullest extent permitted by law, Tether Health's aggregate liability for all claims related to the Services shall not exceed the greater of $100 or the total amount paid by you to Tether Health for the Services in the six (6) months preceding the event giving rise to the liability.
Indemnification
You agree to indemnify, defend, and hold harmless Tether Health and its representatives from any third-party liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with:
California Residents: You waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Providing Feedback to Us
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing us at support@tetherhealth.com.
You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Account Termination
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Services without prior notice to you. We reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause unless otherwise prohibited by law.
If you wish to terminate your account, please contact Tether Health at support@tetherhealth.com, immediately discontinue your use of the Services, and delete all files associated with the Services from your computer or mobile device.
Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website or Platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
Notices and counter-notices must meet statutory requirements imposed by the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to support@tetherhealth.com.
Dispute Resolution
⚠ Please Read This Section Carefully — It Affects Your Rights
You agree that any dispute between you and Tether Health arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below.
Informal Dispute Resolution
Before filing a claim against Tether Health, you agree to try to resolve the dispute informally by contacting support@tetherhealth.com. Most user concerns can be resolved quickly and to your satisfaction through email.
Arbitration Agreement
In the unlikely event that our support team is unable to resolve a complaint, you agree to resolve the dispute through binding arbitration conducted by the American Arbitration Association (AAA) under its rules and procedures.
Arbitration Procedure
You and Tether Health agree to employ three (3) arbitrators (the "Panel"), where one arbitrator is selected by you, one is selected by Tether Health, and the third is selected by mutual consent. The arbitration shall be conducted by telephone, online, or solely based on written submissions.
Cost of Arbitration
You and Tether Health shall each pay 50% of all mediators and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate
Tether Health may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute-resolution process.
Class Action Waiver
You may only resolve disputes with Tether Health on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Opt-Out of Alternative Dispute Resolution
You can decline or "opt-out" of the alternative dispute resolution process by contacting support@tetherhealth.com within 30 days of first accepting these Terms and stating your first and last name and your decision to decline.
Venue
If you opt out of the dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of Michigan within twenty-five (25) miles of Grand Rapids, Michigan.
Miscellaneous Terms
Entire Agreement
These Terms, the Tether Health Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Tether Health and you regarding the Services.
Governing Law
These Terms shall be governed by the laws of the State of Michigan without reference to its conflict of laws provisions.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Tether Health's prior written consent. Tether Health may assign or transfer these Terms, at its sole discretion, without restriction.
Notices
Any notices permitted or required under these Terms will be in writing and given by Tether Health via email (to the address you provide) and/or by posting to the Website or Platform. You alone are responsible for ensuring that your email address on file with Tether Health is accurate and current.
No Inadvertent Waiver
The failure of Tether Health to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable.
Intellectual Property Rights
All right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation belong to and are retained solely by Tether Health or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us.
Contacting Tether Health
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms.
Tether Health, LLC
2222 W Grand River Ave Ste A, Okemos, MI 48864