WHAT WOULD KATIE DO WWKD LLC (WWKD) MOBILE APPLICATION

WWKD, THROUGH THEIR MOBILE APPLICATION, ENABLES USERS TO DIGITALLY MANAGE THEIR PHYSICAL THERAPY PROCESS, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR REPRESENTATIONS AND WARRANTIES ASSOCIATED WITH THE SERVICES OR PROPERTY AND ITEMS ON THE APP, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

1. Acceptance of the Terms of Use  

These terms of use are entered into by and between You and WHAT WOULD KATIE DO WWKD LLC (“we” or “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the mobile application, including any content, functionality, services or subscriptions offered on or through the mobile application (the “App”). This includes the use of the App, email notifications, checklists, invitations to connect with service providers, and any related applications or subscription services provided by us or the services of third-party medical providers or other vendors (collectively, the “Services”). 

Please read the Terms of Use carefully before you start to use the App and/or any Services. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.katiewallnerpt.com/privacy-policy  (the “Privacy Policy”) incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App. 

2. Eligibility

This App is offered and available to users who are 18 years of age or older. If you are under 18 years of age, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. By using this App, you represent and warrant that you are of legal age to form a binding contract with WWKD. If you do not meet all of these requirements, you must not access or use the App. If you are under 18, you represent and warrant that you have your parent’s or guardian’s permission to use this App. Please have them read these Terms of Use with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the App, you are subject to these Terms of Use and responsible for your child’s activity on the App. 

If you are using the App on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms of Use.

3. Changes to the Terms of Use  

WWKD may revise and update these Terms of Use from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them and that our posting of such changes constitutes notice to you of such revised Terms of Use and shall apply to all access to and use of the App thereafter.  Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access this App so you are aware of any changes, as they are binding on you.

4. Accessing the App, Account Security and Confidentiality  

WWKD reserves the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. WWKD WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE APP OR SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users. If you intend to access the Services for your own benefit, you will have to set up an account and provide in your profile certain information such as, but not limited to, full name, email address, phone number, location, and any applicable business interests (“Personal Account”).

You are responsible for:

• Making all arrangements necessary for you to have access to the App.

• Ensuring that all persons who access the App are aware of these Terms of Use and comply with them.  

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including but not limited to the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

To register for certain Services from the App, you may choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

WWKD has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

We do not want to receive confidential or proprietary information from you through the App. Any information or material sent to us will be deemed not to be confidential. By sending us any information or material (the “Submission”), you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. In addition to the foregoing, we shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that we deem necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. Personally identifiable information that you submit to us will be handled in accordance with our Privacy Policy.  

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the App. You are solely and fully responsible for all activities that occur under your password or account. WWKD HAS NO CONTROL OVER THE USE OF ANY USER'S ACCOUNT BY THE USER OR THIRD PARTIES AND EXPRESSLY DISCLAIMS ANY LIABILITY DERIVED THEREFROM. NOTHING IN THIS SECTION SHALL AFFECT WWKD’S RIGHTS TO LIMIT OR TERMINATE THE USE OF THE APP, AS PROVIDED HEREIN. 

5. Intellectual Property Rights  

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, photographs, graphics, images, video, and audio content, computer code and the design, selection, and arrangement thereof), are owned by WWKD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal or business use only. Unauthorized use and/or duplication of any content from the App without express and written permission from WWKD and the applicable author is strictly prohibited. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by WWKD. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Trademarks   

The WWKD name and logo, along with all related names, logos, trademarks, product and service names, designs, and slogans used on the App (collectively, the “WWKD Marks”) are considered trademarks or brand identifiers of WWKD or its affiliates or licensors. Even if these WWKD Marks are not formally registered, you may not use such WWKD Marks without the prior written permission of WWKD, or present false or misleading impressions about WWKD or otherwise damage the goodwill associated with WWKD’S name or trademarks. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

7. Prohibited Uses and Content  

• You may use the App only for lawful purposes and in accordance with these Terms of Use. This section also applies to any interactive services available such as message boards, chat rooms, forums, bulletin boards and other interactive features on the App. You agree not to use the App:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

  • To impersonate or attempt to impersonate WWKD, an WWKD employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as solely determined by us, may harm WWKD or users of the App or expose them to liability.

• In any way that violates, or is not in accordance with, any guidelines or instructions posted by us for posting, tagging, or utilizing any other feature or Service on the App. Additionally, you agree not to:

  • Use the App in any manner that could disable, overburden, damage, or impair the application or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.

  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

  • Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

  • Post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, contains pornographic material or is otherwise objectionable in our sole discretion.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Post any content that is not your own or infringes or infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.  

  • Be likely to, or intentionally, deceive any person or user.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or, unless truthful, give the impression that any content you prost to the App emanates from or are endorsed by WWKD or any other person or entity.

  • Post any content that involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

  • Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms of Use, create an account on behalf of someone else, or create a false or misleading identity.

  • “Stalk” or otherwise harass another user of the App.

  • Upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  8. Monitoring and Enforcement; Termination  

WWKD does not guarantee or warrant the performance of the services, or the outcome or quality of the services performed. Users and vendors are not employees or agents of WWKD, nor is WWKD an agent of the users or vendors. BY USING THE APP AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE TO HOLD US FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES OR PROPERTY. WWKD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS AND VENDORS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE, WHETHER DIRECT OR INDIRECT, ARISING IN CONNECTION WITH ANY SERVICES, COMMUNITY PAGES, OR PROPERTY.

WWKD has the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

• Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS WWKD AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WWKD OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WWKD /SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material or content before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. ACCORDINGLY, WWKD ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WWKD HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED HEREIN. 

9. Copyright Infringement  

If you believe that anything posted on the App violates your copyright, you may notify our designated copyright agent by email to info@whatwouldkatiedowwkd.com. It is the policy of WWKD to terminate the user accounts of repeat infringers.  You will be requested to provide evidence of the ownership of your copyright and identification of the copyright work claimed to have been infringed as well as other information reasonably requested by the copyright agent.

10. Reliance on Information Posted; Medical Disclaimer  

The information presented on or through the App, or any related social media, is made available solely for general information purposes and have not been evaluated by the Food and Drug Administration. None of our products are intended to diagnose, treat, cure, or prevent any disease. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

By accepting these Terms of Use, you acknowledge and agree that WWKD is not a medical entity or healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with WWKD.

THE APP DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE APP, OR RELATED SOCIAL MEDIA ACCOUNTS, IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE MATERIALS, CONTENT, STATEMENTS, AND INFORMATION ON THE APP, ARE FOR INFORMATIONAL PURPOSES ONLY. THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE APP. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

The App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WWKD, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WWKD. WWKD IS NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR CONTENT PROVIDED BY ANY THIRD PARTIES.

11. Changes to the App

We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You and Your Visits to the App  

All information we collect on the App is subject to our Privacy Policy https://www.katiewallnerpt.com/privacy-policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

13. Payments

Your use of the App may be subject to payment of certain transaction fees to us (“Paid Services”). The fees may include, but are not limited to: service fees, administrative fees, and transaction fees. You agree to pay all applicable fees related to your use of the Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Use and you will be deemed to have agreed to the terms of such Paid Service if you are accessing the Paid Service.

We may suspend or terminate your account and/or access to the App if your payment is late or invalid. Upon our request, you agree to provide a credit or debit card through the App or Payment Processors (as defined below) to set up your offers. The terms of your payment may be determined by agreements between you and the financial institution, or credit card issuer. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.

Payments may be processed by third-party payment processors (the “Payment Processors”) through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. Any available processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms, and you agree, as a condition to making payments, to abide by the terms and conditions of such Payment Processors, as the same may be updated from time to time. By subscribing to any of the Paid Subscriptions (as defined below), you authorize the Payment Processor to charge your Billing Account at the then-current Subscription Fee (as defined below) at the start of each billing period until you cancel your Paid Subscription. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the applicable Payment Processor, to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS, IF APPLICABLE, OR ON YOUR STRIPE ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. WWKD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

14. Using the App

After downloading the App, users may view an introductory video that explains how the App functions and what to expect from the physical therapy process. To use the App, including completing the Assessment (as described in Section 15), you must create a Personal Account and sign up within the App. Once signed up, you will complete an initial questionnaire for the selected Body Area (as defined in Section 15). The App’s clinical suitability logic will then determine whether you are appropriate for App-based physical therapy. 

If the App determines that you are not appropriate for App-based physical therapy, you will receive a message advising you to consult a healthcare professional, and you will not be charged any fee. If the App determines that you are appropriate for App-based physical therapy, you will have the option to pay the Assessment Fee to receive the Assessment materials, each as described in Section 15.1.

15. Subscription Services

For purposes of the Paid Subscriptions (as defined herein), each of the following constitutes a separate body area (“Body Area”): (i) shoulder/neck; (ii) elbow; (iii) wrist; (iv) low back/hip; (v) knee; (vi) ankle.

15.1 Assessment. Before accessing any premium subscription content for a Body Area (a “Paid Subscription”), the user must first select the relevant Body Area within the App and complete an initial assessment questionnaire for that Body Area. If the App’s clinical suitability logic determines that a user is not appropriate for App-based physical therapy, the user will receive a message advising them to seek a healthcare professional and will not be charged any fee. If the user is deemed appropriate for App-based physical therapy, they will then have the option to make a one-time payment of fifteen dollars (USD $15.00) per Body Area (the “Assessment Fee”) to receive the following: an explanation of suggested physical therapy diagnoses, a set of ten (10) initial exercises, and one (1) educational video (collectively, the “Assessment”).

15.2 Paid Subscription Services; Pricing. After completing the Assessment for a Body Area, you may choose to subscribe to one of the following monthly Paid Subscriptions at the listed prices (“Subscription Fees”):

• One Body Area Subscription: fifteen dollars (USD $15) per month

• Two Body Area Subscription: twenty-five dollars (USD $25) per month

• Three Body Area Subscription: forty dollars (USD $40) per month

Subscriptions are capped at three (3) Body Areas at once. For each additional Body Area, you must complete the Assessment and pay the Assessment Fee. Upon your payment of the applicable Subscription Fee(s), you will have access to the following: (a) a library of up to one hundred (100) exercises for the applicable Body Area; and (b) ten (10) educational videos for the applicable Body Area. A user can only be subscribed to one of the above subscription tiers at a time. All exercises and videos under each Paid Subscription are initially locked and will be unlocked and accessible to you as you progress. Progression occurs when you complete thirty (30) repetitions for an exercise and perform that exercise on five (5) days. Users will have access to all unlocked exercises and educational videos for as long as they maintain their Paid Subscription.

15.3 Changes to Paid Subscriptions. Paid Subscriptions automatically renew each month until terminated by the user. You may upgrade at any time. To upgrade from one (1) Body Area to two (2) or three (3) Body Areas, or from two (2) Body Areas to three (3) Body Areas, the existing Paid Subscription will be cancelled and terminated immediately, and a new Paid Subscription begin on a new billing cycle. Upgrades are not prorated. If you remove a Body Area while subscribed to the two (2) or three (3) Body Area tier, your subscription will automatically transition to the next lower tier at the start of your next billing cycle. This transition occurs automatically and does not require you to re-subscribe. Pausing subscriptions is not available. You can cancel your Paid Subscription at any time. Cancellation becomes effective at the end of the then-current paid period. After cancellation becomes effective, access to Paid Subscription content will terminate. You will retain access to the initial ten (10) exercises and the initial educational video delivered with the Assessment for such Body Area(s). If you cancel and later re-subscribe, your prior progression status for that Body Area will be restored. Except as expressly stated in this Section 15, all fees are non-refundable.

15.5 Changes in Subscription Fees. We may change the Subscription Fees for Paid Subscriptions. The App provider shall automatically provide push notifications, email, and/or in-app messaging to notify users about any upcoming change and how to manage your subscription. If required by law or App provider policy, additional notice will be provided and price changes will take effect at the start of your next billing period after such notice. Continuing the Paid Subscription after notice of a change to Subscription Fees constitutes acceptance of the adjusted Subscription Fee. If you do not agree to the adjusted Subscription Fee, you must cancel your Paid Subscription before the end of the then-current billing period.

15.5 Trials. From time to time, we may offer free trials or offer codes for Assessments at our discretion. The duration and terms of such free trials will be disclosed at sign-up or in the code offer. The free trial will give the user access to the Assessment materials set forth above.

16. Online Purchases and Return Policy

PAYMENT OBLIGATIONS ARE NON-CANCELABLE, AND FEES PAID ARE NON-REFUNDABLE AND THERE ARE NO CREDITS FOR PARTIALLY USED OR UNUSED SERVICES, EXCEPT AS EXPRESSLY STATED HEREIN.

17. Links from the App  

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we do not endorse, sponsor, recommend or otherwise accept any responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party platforms linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such platforms.

18. Third Party Advertising

Some of the information appearing on our App may be delivered to you by our advertising partners. Information about your visit to a partner site, such as number of times you have viewed an ad is used to serve ads to you. All other information shall be shared in accordance with our Privacy Policy. 

19. Submission Areas

The App may contain blogs, message boards, applications, opportunities to provide reviews, postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow users to communicate with other users and with WWKD (collectively, "Submission Areas"). Some areas in the Submission Areas within the App will be public and WWKD will not be responsible for any information or materials posted in such public areas. WWKD may, in its discretion, publicly post submissions you submit to a non-public area of the App. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with these Terms of Use. "Your Information" is defined as any information and materials you provide to us or other users in connection with your registration for and use of the App, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with these Terms of Use, and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the App, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as WWKD may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the App. WE RESERVE THE RIGHT TO REMOVE POSTINGS FROM SUBMISSION AREAS IN OUR SOLE DISCRETION.

20. Governing Law and Jurisdiction

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Use, the Privacy Policy, the App, the Products or Services or any other document or legal notice or agreement found on the App shall be finally resolved by arbitration conducted in the English language in New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, AMONG OTHER WAIVERS OF RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to seek Equitable Relief in a court of law as set forth in these Terms of Use.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  

21. Disclaimer of Warranties  

You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WWKD NOR ANY PERSON ASSOCIATED WITH WWKD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER WWKD NOR ANYONE ASSOCIATED WITH WWKD REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WWKD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation on Liability  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WWKD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER PLATFORMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL WWKD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’, OR DIRECTORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE APP AND SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00).  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY WWKD, ITS AFFILIATES AND ANY OF RESTLESS’ AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS OF USE OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF WWKD INCLUDING THESE TERMS OF USE AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE APPLICATIONS THROUGH THE SERVICES; OR (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR APP.

BY USING THE APP, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE APP.

23. Indemnification  

You agree to defend, indemnify, and hold harmless WWKD, its and their affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your improper use of the Services; (ii) your violation of these Terms of Use or your use of the App, including, but not limited to any use of the App’s content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the App; (iii) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

24. Protected Health Information

In using certain components of the App, you may also provide certain medical information that may be protected under applicable laws. It is important to remember that HIPAA does not necessarily apply to an entity or person simply because there is health information submitted or involved, and HIPAA may not apply to your transactions or communications with us and the related Services. In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

25. Waiver and Severability  

No waiver of WWKD of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WWKD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use and the Privacy Policy, constitute the sole and entire agreement between you and WWKD regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

27. No Partnership  

You agree that no joint venture, partnership, employment or agency relationship exists between you and WWKD as a result of these Terms of Use or your access to and use of the Services.

28. Your Comments and Concerns  

This App is operated by WWKD, Email: info@whatwouldkatiedowwkd.com

All notices of copyright infringement claims should be sent to the copyright agent set forth in Section 9.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: info@whatwouldkatiedowwkd.com