These Terms and Conditions (the “Agreement”) govern your access and use of the online platform(s) through which Recover, Inc.’s services are provided under the FMLA Now and FairExams brands (collectively, the “Platform”). The Platform is owned and operated by Recover, Inc., located at 801 International Parkway, 5th Floor, Lake Mary, Florida (contact@withrecover.com).

By accessing or using the Platform under either brand, you agree to be bound by this Agreement. If you do not agree, you must not access the Platform.

Recover provides nonclinical certification and evaluation support services. Recover does not practice medicine, psychology, or any other licensed profession, and does not diagnose, treat, or provide ongoing care to any individual, under either brand.

• FMLA Now: nonclinical support for individuals seeking certification of FMLA or related leave.
• FairExams: nonclinical support for students seeking evaluation and documentation of eligibility for academic and testing accommodations under the ADA and related law.

Certifying Psychologists

Certification and eligibility determinations, under either brand, are made exclusively by independently licensed clinical psychologists (PhD or PsyD) engaged as independent contractors (“Certifying Psychologists”). Certifying Psychologists exercise their own independent professional judgment in every determination and are not directed, controlled, or influenced by Recover.

Intake evaluations, under either brand, may be conducted by qualified Masters-level clinicians (which may include licensed marriage and family therapists, licensed clinical social workers, or licensed professional counselors, depending on jurisdiction) prior to review by a Certifying Psychologist. Intake clinicians do not make certification or eligibility determinations; those decisions are made solely by the Certifying Psychologist based on independent review of the intake evaluation.

IMPORTANT — NO GUARANTEE OF CERTIFICATION OR ELIGIBILITY DETERMINATION: Completion of an intake evaluation does not guarantee that a Certifying Psychologist will certify your FMLA leave request (FMLA Now) or confirm your eligibility for accommodations (FairExams). These decisions are made solely at the Certifying Psychologist’s independent professional discretion. Recover does not and cannot direct, influence, or override any Certifying Psychologist’s determination.

NO PROVIDER-PATIENT RELATIONSHIP: Recover’s certification/evaluation support process is conducted through asynchronous review of your intake evaluation by a Certifying Psychologist. No live encounter, video visit, or direct communication occurs between you and the Certifying Psychologist, and no provider-patient or treatment relationship of any kind is established by your use of the Platform under either brand. Certifying Psychologists are not your treating providers and do not provide medical advice, diagnosis, or treatment.

THE PLATFORM IS NOT A SUBSTITUTE FOR MEDICAL TREATMENT. DO NOT AVOID OR DELAY OBTAINING MEDICAL TREATMENT FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL DUE TO ANY INFORMATION YOU RECEIVE THROUGH THE PLATFORM.

Provider Practice Structure

Certifying Psychologists are independent contractors who are not employees, agents, or representatives of Recover, under either brand.

If you would prefer a different Certifying Psychologist than the one assigned, you may request reassignment, subject to availability and applicable state licensure requirements. If your assigned Certifying Psychologist becomes unavailable, you will be notified and given the opportunity to be matched with another.

Service Delivery

Recover’s certification/evaluation support process, under either brand, involves two distinct steps performed by different professionals:

• Intake Evaluation (Live). Your intake evaluation is conducted live by a qualified Masters-level clinician via audio and/or video communication (telehealth). See “Telehealth Disclosure — Intake Evaluation” below.
• Certification/Eligibility Review (Asynchronous). Following intake, a Certifying Psychologist (PhD or PsyD) reviews the intake evaluation asynchronously and makes the determination based on independent professional judgment. This step does not involve any live encounter, video, audio, or other direct communication between you and the Certifying Psychologist.

No provider-patient or treatment relationship is established with the Certifying Psychologist at any point in this process, under either brand.

Telehealth Disclosure — Intake Evaluation

Your intake evaluation is delivered via telehealth technology, meaning it will occur through audio and/or video communication with a Masters-level clinician. By using the Platform under either brand, you acknowledge and consent to the following as to the intake evaluation specifically:

• Technology Limitations. Telehealth services depend on electronic communications and may be affected by technology failures, bandwidth limitations, or connectivity issues beyond our control. In the event of a technology failure during your intake evaluation, the clinician may need to reschedule.
• Right to Decline or Withdraw. You have the right to decline or withdraw from a telehealth intake evaluation at any time without affecting your right to future care or services.
• State Availability. Telehealth intake services may not be available in all states. Clinician availability is subject to applicable state telehealth and professional licensure requirements.
• In-Person Alternatives. You understand that you may seek an in-person alternative to the telehealth intake evaluation, where available.
• No Live Encounter at Certification/Eligibility Review. The subsequent review by a Certifying Psychologist is asynchronous and does not involve telehealth or any live encounter; the disclosures above apply only to the intake step.

Privacy and HIPAA

Data collection and use, including personally identifiable information and any PHI, is governed by Recover’s Privacy Policy, incorporated into and made part of these Terms, which covers both FMLA Now and FairExams. Information collected through either brand’s free eligibility assessment tool is handled as described in the Privacy Policy’s “Advertising, Analytics, and Cookies” section, including with respect to use for advertising purposes.

Employment Law Disclaimer (FMLA Now)

FMLA Now provides nonclinical certification support services only. Nothing provided through the Platform, including any Certifying Psychologist’s determination, constitutes legal advice regarding your rights or obligations under the Family and Medical Leave Act, any state family or medical leave law, or any other employment law. Employer decisions regarding FMLA leave approval, denial, or administration are made independently by your employer and are outside the scope of the Platform. You are encouraged to consult an employment attorney for questions regarding your FMLA rights.

Education / ADA Disclaimer (FairExams)

FairExams provides nonclinical evaluation support services only. Nothing provided through the Platform, including any Certifying Psychologist’s determination, constitutes legal advice regarding your rights or obligations under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, any state disability or education law, or any other applicable law. Decisions regarding the approval, denial, or administration of academic or testing accommodations are made independently by your educational institution or testing entity (e.g., College Board, ACT, ETS, or the relevant licensing/testing body) and are outside the scope of the Platform. You are encouraged to consult your institution’s disability services office or an attorney for questions regarding your accommodation rights.

1. Access License

Recover grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service. The Service may only be used for the intended purpose for which we make it available. We and our licensor(s) reserve all rights to the Service not expressly granted, whether by implication, estoppel, or otherwise.

2. Subscriptions

We offer different subscription options that you can choose, including billing that can occur weekly or monthly. Any type of subscription you choose will continue and automatically renew until you cancel the membership. By choosing a recurring Membership Service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation. You can cancel the subscription to the service at any time for any reason. Your membership must be canceled before it renews in order to avoid the next billing cycle.

3. Restrictions

Except as expressly permitted herein, you may not reproduce, sell, resell, or otherwise exploit the Service or any part of it for any purpose without our express written consent. Additionally, you will not: (a) use the Service or any Content for any commercial purpose; (b) make derivative use of the Service or Content; (c) download or copy account information for the benefit of a third party; (d) collect and use any content, including product listings, descriptions, or prices; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (f) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (g) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (h) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.

4. Ownership

We and our licensor(s), vendor(s), agent(s), and content provider(s) own all of the content featured or displayed on the Service, including text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You are responsible for ensuring your use is permissible before reusing any Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Content, and all related rights remain the exclusive property of Recover or its licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed, and are protected by U.S. and international copyright laws.

5. Trademarks/No Endorsement

All trademarks, service marks and trade names of Recover used in the Service or the Content (including but not limited to: Recover name, Recover corporate logo, FMLA Now, FairExams, the Service names, the Service designs, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Recover or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.

6. Account Registration and Security

You understand that you will need to create an account to have access to all of the parts of the Service. You will: (a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by the Service’s registration or subscription page (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for the security and confidentiality of your password and account and for all use of your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Service using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect your personally identifiable information.

7. Third Party Links

The Service may contain links to websites that we and our affiliates do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Service, you do so entirely at your own risk.

8. Notification

If you gave us your email address or phone number in connection with your account, then we may send notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you notifications by other means (for example by in-product messages). Data or messaging rates may apply if you receive notifications via SMS.

9. Suspension and Termination

You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason, with or without prior notice. We may also block your access to the Service in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If your account is terminated, we may delete data or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Service or your data.

10. Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RECOVER NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER RECOVER, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RECOVER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Limitations of Liability

RECOVER DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL RECOVER BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICE, OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS SERVICE. IN NO EVENT WILL RECOVER, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL RECOVER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR TO WHICH YOU SUBSCRIBE THROUGH THE SERVICE.

THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS OR THE SERVICE.

12. Indemnity

You will defend, indemnify, and hold Recover and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Service or other content, message, or information you provide or transmit on or through this Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

13. Release

In the event that you have a dispute with one or more users of the Service, you release Recover (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. Force Majeure

Neither Recover nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

15. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND RECOVER HAVE AGAINST EACH OTHER ARE RESOLVED.

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Recover agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. You further agree that:

• (a) Arbitrator Will Interpret These Terms. The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable.
• (b) Location of Arbitration. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); (ii) at such other location as may be mutually agreed upon by you and Recover; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
• (c) Governing Law. The Arbitrator (i) will apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief.
• (d) No Class Relief. The Arbitration can resolve only your and Recover’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
• (e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
• (f) Arbitration Costs. If you demonstrate that arbitration costs would be prohibitive compared to litigation, Recover will pay as much of your filing and hearing fees as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of outcome, unless the Arbitrator determines your claim(s) were frivolous or asserted in bad faith.
• (g) Reasonable Attorney’s Fees. If you recover an Award greater than Recover’s last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own.
• (h) Interpretation and Enforcement. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, the balance shall remain in effect. If “No Class Relief” itself is found invalid, unenforceable, or illegal, the entirety of this arbitration provision shall be null and void, and disputes must instead be brought in a court of competent jurisdiction.
• (i) Small Claims Matters Excluded. You may bring any claim against Recover in your local small claims court within the U.S. if within that court’s jurisdictional limit, provided the court cannot entertain class or representative claims.
• (k) Intellectual Property Disputes. Recover or you may submit any dispute relating to intellectual property (trademarks, trade dress, domain names, trade secrets, copyrights, patents) to any court of competent jurisdiction.

16. General

Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the State of Florida. To the extent the provisions in the Dispute Resolution section do not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Seminole County, Florida. A printed version of these Terms will be admissible in judicial and administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to the Service. Except as set forth in Dispute Resolution above, if any provision of these Terms is held invalid or unenforceable, such provision shall be struck and the remaining provisions enforced. You agree that these Terms may be automatically assigned by Recover in our sole discretion. Headings are for reference purposes only. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive will survive any termination or expiration of these Terms.

17. Additional Assistance

If you do not understand any of these Terms or have any questions or comments, you may contact us at contact@withrecover.com.

18. Copyright Notice

All design, graphics, text selections, arrangements, and software are Copyright © Recover, Inc. and its affiliates and licensors. ALL RIGHTS RESERVED.