Terms and Conditions of Use & Acceptable Use Policy
betterMD, Inc.
Revised May 9, 2018
Terms and Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
betterMD.net, Inc. (“betterMD”) may revise and update these Terms and Conditions at any time. Your continued usage of the betterMD website (“betterMD Site,” or the “Site,”) will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the betterMD Site, such as text, graphics, images, information obtained from betterMD’s licensors, and other material contained on the betterMD Site (“Content”) are for informational purposes only. 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 health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the betterMD Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by betterMD, betterMD employees, others appearing on the Site at the invitation of betterMD, or other visitors to the Site is solely at your own risk.
CHILDREN’S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
USE OF CONTENT.
betterMD authorizes you to view or download a single copy of the material on the betterMD Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 1999-2018, betterMD, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the betterMD Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content of betterMD is protected by copyright under both United States and foreign laws. Title to the Content remains with betterMD or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of betterMD. All rights not expressly granted herein are reserved to betterMD and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF BETTERMD AND ITS LICENSORS.
The use of the betterMD Site and the Content is at your own risk.
When using the betterMD Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of betterMD and its suppliers. Accordingly, betterMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the betterMD Site.
The betterMD Site and the content are provided on an “as is” basis. BETTERMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, betterMD, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the betterMD Site or betterMD.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the betterMD Site.
In no event shall betterMD, its licensors, its suppliers, or any third parties mentioned on the betterMD Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the betterMD Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not betterMD, its licensors, its suppliers, or any third parties mentioned on the betterMD Site are advised of the possibility of such damages. betterMD, its licensors, its suppliers, or any third parties mentioned on the betterMD Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
The personal information you submit to betterMD is governed by the betterMD Privacy Policy. To the extent there is an inconsistency between this Agreement and the betterMD Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to betterMD by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to betterMD by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to betterMD by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—betterMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. betterMD may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to betterMD by email. We try to answer every email in a timely manner, but are not always able to do so.
PASSWORDS
betterMD has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your betterMD passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your betterMD account and password; (3) promptly inform betterMD of any need to deactivate a password. You grant betterMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. betterMD cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using betterMD tools and services.
INFORMATION YOU SUBMIT: You are using the Site at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
betterMD PUBLIC AREAS (“PUBLIC AREAS”).
If you use a Public Area, such as a chat room, bulletin board or discussion forum or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. betterMD and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by betterMD in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of betterMD, exposes betterMD or any of its customers or suppliers to any liability or detriment of any type.
betterMD reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the betterMD Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication posted on the betterMD Site, regardless of whether such communication violate these standards.
betterMD or its licensors have no liability or responsibility to users of the betterMD Site or any other person or entity for performance or nonperformance of the aforementioned activities
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
betterMD may provide links to third-party web sites. betterMD does not recommend and does not endorse the content on any third-party websites. betterMD is not responsible for the content of linked third-party sites, sites framed within the betterMD Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
INDEMNITY.
You agree to defend, indemnify, and hold betterMD, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL.
betterMD is based in Janesville, Wisconsin, in the United States of America. betterMD makes no claims that betterMD and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the betterMD Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with betterMD, or in any way relating to your use of the betterMD Site, resides in the courts of the State of Wisconsin and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Wisconsin in connection with any such dispute including any claim involving betterMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting betterMD’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
COPYRIGHT AGENT.
betterMD, Inc.
Attn: Office of Privacy
21 South Jackson Street
Suite E
Janesville, WI 53548
[email protected]
Or call: 1-608-754-7339
In an effort to protect the rights of copyright owners, betterMD maintains a policy for the termination, in appropriate circumstances, of access for subscribers and account holders of the Site who are repeat infringers.
COMPLETE AGREEMENT.
Except as expressly provided in a particular “legal notice” on the betterMD Site, these Terms and Conditions and the betterMD Privacy Policy and Agreement constitute the entire agreement between you and betterMD with respect to the use of the betterMD Site, and Content.
Thank you for your cooperation. We hope you find the betterMD Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to betterMD, Inc. at 21 South Jackson Street, Suite E, Janesville, WI 53548. We try to answer every email in a timely manner but are not always able to do so.
ACCEPTABLE USE POLICY for affiliated providers
PLEASE READ THE ACCEPTABLE USE POLICY BEFORE USING THIS SITE.
The betterMD Virtual Clinic Application (vCAT) and this web site are being provided by betterMD, Inc. (betterMD) as a resource for the AFFILIATED PROGRAM staff members. Its intended use is the enrollment, support, education and treatment of patients participating in the AFFILIATED PROGRAM. Any use of betterMD resources including but not limited to the administrative web interface, the betterMD web site, or the vCAT database that is not consistent with this intent is expressly prohibited.
USERNAMES AND PASSWORDS
Each staff member is responsible for creating a unique and private username and password combination to be used soley by the individual to gain access to restricted areas of the betterMD web site. Upon creation of a unique username and password it is the responsibility of the individual staff member to safeguard the secrecy of this username and password combination and to take all reasonable steps to ensure it is not made available for use by another party. Furthermore, it is the responsibility of each staff member to use only his or her assigned username and password to access betterMD resources and to ensure that he or she properly exits the betterMD web site by logging out of the site.
VSCRIBE SECURE MESSAGING PLATFORM
The vScribe Secure Messaging System (vScribe), also known as “Connect,” is a communication resource provided by betterMD to facilitate secure and private communication between staff and patients in support of their weight management treatment plan. All communication exchanged via this resource should be considered confidential and is governed by all existing patient confidentiality policies and HIPPA requirements as they now exist or shall be enacted in the future. Use of vScribe for any purpose other than support of the medical weight management program is expressly prohibitted.
SECURITY
It is the intent of betterMD to ensure the confidentiality, integrity, and availability of all electronic protected health information created, received, maintained, or transmitted to betterMD. It is the responsibility of each user to immediately report any suspected breach of security to betterMD. Email can be sent to [email protected] or call 1-608-754-7339 to report any suspected security violations.
UNACCPTABLE USES
loading, installing or use of password cracking or other malicious software; unlicensed or pirated software; file sharing or streaming media applications; infringing upon copyright material or intellectual property; sharing of assigned usernames and/or passwords; illegal, descriminatory, or unethical activities; breach of patient/provider confidentiality; unauthorized access to restricted areas; or any attempt to reverse-engineer, “hack” or otherwise gain access to betterMD proprietary systems; activities which intentionally degrade network performance, including but not limited to denial of service attacks; commercial use or any form of advertising, solicitation, or political lobbying; use of vulgar, derogatory, or obscene language
VIOLATION OF AGREEMENT
Any user who violates the acceptable use of betterMD resources as outlined in this agreement may be subject to: revocation of all access rights, as well as criminal prosecution and civil liabilities for financial and/or professional damages.
ACCEPTANCE OF TERMS
By entering your username and password to gain access to betterMD resources you signify your acceptance of this agreement.
DISCLAIMERS
The company, betterMD, Inc. (betterMD) makes no warranties of any kind, either expressed or implied, for the provided access. The company, betterMD, and its staff are not responsible for any damages incurred, including, but not limited to, loss of data resulting from delays or interruption of service, for the loss of data stored on betterMD resources, or for personal property used to access betterMD resources; for the accuracy, nature, or quality of information stored on betterMD resources or gathered through interaction with betterMD resources. All provisions of this agreement are subordinate to local, state and federal statute.
For more information, or if you have any questions or comments regarding this agreement please contact betterMD, Inc. at [email protected] or call 1-608-754-7339.
Revised: 5/9/2018
Copyright © 1999-2019 betterMD, Inc. All Rights Reserved.
TACOU
