Betterpath and you (the fine print)

Our Terms of Service

These Terms of Service are effective as of November 5, 2014, and replace all prior Terms of Service.

Betterpath, Inc. (“Betterpath”) provides Services (as the term is defined below) through the Betterpath website located at betterpath.com, secure.betterpath.com, and any sub-domains thereof (collectively, the “Website”). These Terms of Service state the terms and conditions under which you may use the Website and the Services. Please read these Terms of Service carefully. By clicking “I Accept,” you accept and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and you represent and warrant that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Website, provided you do so with the consent of a parent or legal guardian who accepts these Terms of Service on your behalf. If you do not agree to any of these terms, then you are not permitted to use the Website. These Terms of Service may be updated by Betterpath from time to time without notice to you.

Description and Use of the Website

  1. The Website. The Website allows Registered Users (as defined below) to collect, summarize, and display medical and lifestyle data (the “Services”).
  2. License to Use the Website. Betterpath hereby grants you a limited, non-exclusive, non-transferable license to use the Website solely for your own personal use. Betterpath reserves all rights in and to the Website not expressly granted to you under these Terms of Service.
  3. Fees. The Website and the Services are currently provided to you for free.

Registration and Required Documentation

If you would like to use the Services through the Website, you will be required to register and create and an account with Betterpath. You will have to create a username and password, and provide certain information about yourself. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and agree not to disclose your username and password to a third party. You are solely responsible for all activities that occur under your account or with your username and password. You will also be required to sign standard permission forms as requested by Betterpath at the time of registration and any additional authorizations (collectively, the “Required Documentation”) as required by your healthcare provider. You represent and warrant that all login and authorization information you submit through the Services is truthful and accurate and you will maintain the accuracy of such information.

No Medical Advice

You acknowledge and agree that Betterpath does not provide any form of medical care, medical opinion, medical advice, diagnosis or treatment, and that Betterpath does not evaluate whether or not you should seek medical attention, through the Services. The contents of the Website, such as articles, graphics, images, information from our third party contributors, the data set forth in your medical records, content or annotations by you or your healthcare providers, and other material contained on the website (“Content”) are for informational purposes only. Although such Content may be provided by individuals in the medical profession, the provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

If you experience any type of medically adverse event or emergency at any time, please call emergency services or your physician immediately.

Use of Personal Data

our use of the Website will involve the transmission to Betterpath of certain personally-identifiable information (“Personal Data”). Betterpath’s policies with respect to the collection and use of Personal Data are governed according to its Privacy Policy (located at betterpath.com/privacy), which is hereby incorporated by reference in its entirety, and the Betterpath HIPAA Authorization and the Betterpath Informed Consent.

Intellectual Property

Betterpath or its content providers retain all right, title and interest in and to the Services and the Website, all software and technology incorporated therein, and all Betterpath trademarks and logos used and displayed through the Website (collectively, the “Betterpath IP”). Except as expressly set forth in these Terms of Service, you have no right in or to the Betterpath IP.

User Generated Content

Upon registering as a registered user (the “Registered User”), you may upload, post and/or create content through the Website (hereinafter, "User Generated Content"). Betterpath cannot and does not review all User Generated Content – Betterpath merely acts as a passive conduit for distribution of the User Generated Content to other Registered Users of the Website. That said, Betterpath may remove User Generated Content that does not adhere to these Terms of Service, or that is offensive or otherwise unacceptable to Betterpath in its sole discretion.

As between Betterpath and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account. You hereby grant Betterpath an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for Betterpath to provide you and other Registered Users with the Services and the Website, or any other reason at the sole discretion of Betterpath.

Remember, once you submit User Generated Content through the Website, including any Personal Information included therein, it will be accessible by Registered Users to whom you have granted permission and access through the Services.

Prohibited Uses of the Services and the Website

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Services or the Website. You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services or the Website.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Betterpath through the Services, including without limitation, through the use of online forms or via email, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Betterpath with any Unsolicited Information. All Unsolicited Information will be considered non-confidential and non-proprietary. You agree that any Unsolicited Information may be used by Betterpath for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Betterpath may use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to Betterpath for any purpose whatsoever, including, but not limited to, developing, providing, and marketing services. By submitting any Unsolicited Information, you are granting Betterpath a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF BETTERPATH, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BETTERPATH PARTIES”) WARRANT THAT THE WEBSITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

THE CONTENT PROVIDED ON THE WEBSITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE SERVICES BY BETTERPATH IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BETTERPATH MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK OF OUR EMPLOYEES, VOLUNTEERS OR THIRD PARTY CONTRIBUTORS, OR CONTENT THEY PROVIDE THROUGH THE SERVICES. BETTERPATH MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY AND COMPLETENESS OF THE CONTENT AS IT RELATES TO YOUR MEDICAL HISTORY OR MEDICAL RECORDS. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT ERROR-FREE.

IN NO EVENT SHALL ANY OF THE BETTERPATH PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ANY BETTERPATH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL BETTERPATH BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF CONTENT PROVIDED BY OUR COUNSELORS, VOLUNTEERS, OR THIRD PARTY CONTRIBUTORS. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE BETTERPATH PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE BETTERPATH PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND THE WEBSITE IS TO STOP USING THE SERVICES AND THE WEBSITE.

External Sites

The Website may contain links to third-party websites and mobile applications (“External Sites”), but Betterpath does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold the Betterpath Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Service; (ii) your access to, use, or misuse of the Website; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Compliance with Applicable Laws

The Services and the Website are based in the United States, and are intended to be used only by residents of the United States. Betterpath makes no claims concerning whether the Services, the Website, and/or the Betterpath IP may be viewed or be appropriate for use outside of the United States. If you access the Services, the Website and/or the Betterpath IP from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Changes to Terms of Service

Betterpath may change these Terms of Service and/or your access to all or any part of the Website at any time and for any reason without prior notice or liability. Your continued use of the Website shall constitute your acceptance of any changes to these Terms of Service. Betterpath may change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

Procedure for Claims Under the Digital Millenium Copyright Act

If you believe the Website contains any content that infringes your copyright, please contact Betterpath’s Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact Betterpath’s Copyright Agent by regular mail, please write to:

Matthew Sinderbrand
Betterpath
25 Broadway, Level 9
New York, NY 10004

To contact Betterpath’s Copyright Agent by email, please include COPYRIGHT NOTICE in the subject line and write to:

[email protected]

Miscellaneous

In the event that any portion of these Terms of Service is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intent as expressed herein, and the remainder of these Terms of Service shall remain in full force and effect. These Terms of Service and any other agreements between the parties entered into through the Website shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Betterpath to protect its intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These Terms of Service, together with any Required Documentation, contain the entire agreement of the parties concerning the Services, the Website, and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

How to Contact Betterpath

If you have any questions or comments about these Terms of Service, the Services, or the Website, please contact Betterpath by email at:

[email protected]

You may also write to us at: Betterpath, 25 Broadway, Level 9, New York, NY 10004