Terms of Service

Effective: July 1, 2016

Welcome!

This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Use”) on which you may make use of our application for mobile devices (the “App” or “Services”). Please read these Terms of Use carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you accept these Terms of Use and that you agree to abide by them. Your download, installation or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App immediately.

The App is operated by Pocket Rehab LLC a New Jersey LLC with an office at 95 West Main Street STE 5-293, Chester, New Jersey 07930 (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App on our own behalf.

We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the Pocket Rehab website, www.getpocketrehab.com or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.

We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Pocket Rehab LLC. So please read them carefully.

By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.

ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, THE PARTIES TO THIS AGREEMENT AGREE TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATING TO THE [SUBJECT MATTER OF THIS AGREEMENT]. BY AGREEING TO ARBITRATION, THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE THEIR DISPUTES.1.

Who Can Use the Services

No one under 21 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Rights We Grant You

Pocket Rehab LLC grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Some of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. You also grant Pocket Rehab LLC a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Pocket Rehab LLC in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Pocket Rehab LLC and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice solely in any form and in any and all media or distribution methods (now known or later developed). This means, among other things, that you will not be entitled to any compensation from Pocket Rehab LLC or our business partners if your name, likeness, or voice is conveyed through our App or Services.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for Pocket Rehab LLC letting you access and use the Services, you agree that Pocket Rehab LLC, its affiliates, and third-party partners may place advertising on the Services.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

4. The Content of Others

Much of the content on our Services is produced by users and other third parties and may contain content from publishers. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Pocket Rehab LLC reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.

5. Things we are not responsible for

5.1 We and our subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: (a) the App will meet your requirements; (b) the App will be uninterrupted, secure, or error-free; (c) the quality of any products, services, information or other material purchased or obtained by you through the App will meet your expectations; or (d) any errors in the App will be corrected.

5.2 Pocket Rehab LLC is a mobile application that facilitates data storage and social networking for individuals dealing with sobriety. The app is not a healthcare or medical site nor does the app provide or offer any medical advice, counseling or treatment whatsoever for any type of medical diseases or ailments. We are not qualified to and do not represent that we provide medical treatment or services of any kind. We do not take responsibility for and have no liability in respect of determining the sobriety of any individual using the App. The App is also not a substitute for professional medical advice, diagnosis, or treatment and you should not disregard medical advice or delay in seeking medical advice because of anything in the App. The information provided through the App is therefore necessarily of a generic nature and not personalized to your ability to stay sober or your overall health.

5.3 Pocket Rehab LLC does not pre-screen users or the content or information provided by users. Moreover, Pocket Rehab cannot guarantee the true identity of a user.

5.4 We do not take responsibility for and have no liability in respect of any failure to perform, or delay in performance of, any of our obligations under these Terms to the extent it is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. In such situations our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the situation and we will use our reasonable endeavors to find a solution by which our obligations under these Terms may be performed despite the situation.

6. Intellectual property rights

6.1 You acknowledge that all intellectual property rights in the App, and the Documents anywhere in the world belong to us or our licensors, that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the App or the Documents other than the right to use each of them in accordance with these Terms.

6.2 You acknowledge that you have no right to have access to the App in source-code form.

7. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy [INSERT LINK TO PRIVACY POLICY]. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that Pocket Rehab LLC can collect, use, and transfer your information consistent with that policy.

8. Respecting Other People's Rights

Pocket Rehab LLC respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that:

You must also respect other's rights. These Terms do not grant you any right to:

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.

9. Respecting Copyright

Pocket Rehab LLC honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Pocket Rehab LC becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact Pocket Rehab LLC:

Pocket Rehab LLC
Attn.: Copyright Agent
95 West Main Street STE 5-293, Chester, New Jersey 07930

Email: support@getpocketrehab.com. 

If you file a notice by mail with Pocket Rehab LLC, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

10. Safety

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.

11. Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

If you think that someone has gained access to your account, please immediately reach out to Pocket Rehab LLC Support, support@getpocketrehab.com

12. Purchases and Payments

We may offer various virtual goods and services (all of which we call " Products") that you can purchase and use through the Services. You don't own these Products; instead you buy a limited revocable license to use them. You'll always be shown the price for Products before you complete a purchase. But Pocket Rehab LLC does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's App Store). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT POCKET REHAB LLC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Some of the Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.

It's your sole responsibility to manage your purchases. If you are under 21 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

Pocket Rehab LLC does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate terms of use.

13. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Pocket Rehab account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

14. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Pocket Rehab LLC is not responsible or liable for those third party's terms or actions taken under the third party's terms.

15. Modifying the Services and Termination

We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a life long user of Pocket Rehab, you can terminate these Terms at any time and for any reason by deleting your account.

Pocket Rehab may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and Pocket Rehab LLC continue to be bound by the Terms of this Agreement.

16. Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Pocket Rehab LLC, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

17. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE POCKET REHABV LLC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY POCKET REHAB LLC CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

POCKET REHAB LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH POCKET REHAB LLC WILL BE RESPONSIBLE FOR.TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKET REHAB LLC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF POCKET REHAB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POCKET REHAB LLC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID POCKET REHAB LLC, IF ANY, IN THE LAST 12 MONTHS. We are also not responsible for any unforeseeable loss or damage you suffer. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed these Terms

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

19. Arbitration, Class Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH POCKET REHAB LLC, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis to be performed in the State of New Jersey, except that you and Pocket Rehab LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Pocket Rehab LLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pocket Rehab LLC.
  5. Waiver of Jury Trial. YOU AND POCKET REHAB LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pocket Rehab LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Pocket Rehab LLC over whether to vacate or enforce an arbitration award, YOU AND POCKET REHAB LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 20.
  7. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  9. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Pocket Rehab LLC can force the other to arbitrate. To opt out, you must notify Pocket Rehab LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Pocket Rehab LLC username and the email address you used to set up your Pocket Rehab LLC account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: Pocket Rehab LLC, ATTN: Arbitration Opt-out, 4 Woodhull Drive, Chester, New Jersey 07930.
  10. Small Claims Court. Notwithstanding the foregoing, either you or Pocket Rehab LLC may bring an individual action in small claims court.
  11. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Pocket Rehab LLC.

21. Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Pocket Rehab LLC agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court, for the District of New Jersey. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Superior Court of New Jersey, Morris County, Morristown, New Jersey. You and Pocket Rehab LLC consent to the personal jurisdiction of both courts.

22. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of New Jersey, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

23. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

24. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

25. Final Terms

Contact Us

Pocket Rehab LLC welcomes comments, questions, concerns, or suggestions. To contact Pocket Rehab LLC please mail all suggestions to: 95 West Main Street STE 5-293, Chester, New Jersey 07930, email Pocket Rehab LLC feedback@getpocketrehab.com or send suggestions in the app.