The following terms and conditions ("Terms") constitute an agreement between you and BetterFit Technologies Inc. (“BetterFit Technologies,” “we,” or “us”), the operator of betterfit.com and text.betterfit.com (collectively, the “Sites”). These Terms govern your use of the Sites, both as a casual visitor and as a registered user, as well as any other features, content, applications or services offered from time to time by BetterFit Technologies in connection therewith, including, but not limited to BetterFit Text (collectively with the Sites, the “Services”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES OR ANY SERVICES OFFERED BY BETTERFIT TECHNOLOGIES. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES AND ALL OTHER SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE SITES, INCLUDING, BUT NOT LIMITED TO BETTERFIT TEXT. BY USING THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS WITHOUT MODIFICATION. BY USING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS WITHOUT MODIFICATION, INCLUDING, WITHOUT LIMITATION, THAT YOU CONSENT TO THE INFORMATION USE AND DISCLOSURE PRACTICES DISCLOSED IN OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THESE TERMS ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.
BetterFit Technologies is committed to facilitating data-driven healthcare decisions for patients and providers through the collection of certain information. These Terms, along with our Privacy Policy, are intended to provide our users a safe, instructive and enjoyable forum to share information. We are committed to maintaining the privacy of our users with regards to the sensitive subjects and matters shared in connection with the use of the Services, however, we ask you to carefully review our Privacy Policy, along with these Terms, to better understand how BetterFit Technologies protects your personal information and strives to provide you with accurate and honest information to the best of our ability. Some of what is on the Sites is viewable without registering with us, but to actively participate or store your information, you must register as a member. You acknowledge and agree that we may use such information in accordance with our Privacy Policy.
If you have any questions about these Terms, our privacy practices or any other aspect of the Services, please contact us at contact@betterfit.com.
To obtain access to certain Services, you will be given an opportunity on the Sites to register your phone number and create an account. As part of the registration process, you will provide a mobile phone number, a valid e-mail address as well as other basic information. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to contact@betterfit.com.
In connection with the Services, we ask that, in response to certain questions posed by us, you provide certain personal and medical information about yourself (“Personal Information”), including, without limitation, biometric data, symptoms associated with use of various medications, drugs, devices and treatments (“Medications and Treatments”) and drug and other medical history. You agree that the Personal Information you supply will be accurate and complete, and that you will not supply information regarding any other person, real or fictitious. Your Personal Information will be collected, stored, used and disclosed only in accordance with our Privacy Policy. By providing Personal Information to us (through the Services or otherwise), you consent to its use and disclosure in accordance with the Privacy Policy, so please review it carefully. You are never required to provide us with any information that you are uncomfortable providing, however, please be aware that if you decline to provide certain information, it may affect your experience. If you have any questions with respect to the use or disclosure of your information, please contact us at contact@betterfit.com.
The Services are available only to individuals who are at least 13 years old. You represent and warrant that (a) if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to agree to these Terms and to use the Services; (b) all registration information you submit is accurate and truthful; and (c) your use of the Services does not violate any applicable law or regulation. BetterFit Technologies may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that is provided to you by the Services (collectively, “Information”) may be of a medical nature, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition.
You understand that BetterFit Technologies does not offer medical advice or diagnoses or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Services.
You expressly agree and understand that the Services are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“Emergency Services”). BetterFit Technologies, our affiliates and staff are in no way liable for such emergency calls or communications. By agreeing to these Terms, you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from the Services, traditional wireless or wireline telephone service and other means of communication intended for access to Emergency Services. You recognize and agree that BetterFit Technologies is not required to offer Emergency Services or access thereto pursuant to any applicable local and/or national rules, regulation or law. You further acknowledge that BetterFit Technologies is not a replacement for your primary telephone service or any other means of communication.
You are responsible for all use of the Services using your Credentials. You may use the Services for your personal, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
You may see advertisements on the Sites for procedures, products, services and devices, which will not be directed to you because of information provided through your use of the Services. We endeavor to place advertisements in locations and formats where they are easily recognizable as advertisements. We have no connection to and do not endorse any products or services contained in such advertisements, nor does the presence of such advertisements imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
The Sites may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites or the acts or omissions of the operators of such other sites.
Through use of the Services, you may have the opportunity to submit responses to questions posed regarding your experiences with certain Medications and Treatments and to participate in other interactive features of the Services. All such information provided by you is defined as “Submitted Information” hereunder. In providing Submitted Information, please give clear, accurate and honest information about your symptoms and experiences with the relevant Medications and Treatments so as to improve the Information provided via the Services and to facilitate an informed response.
With respect to your Submitted Information, you may not provide any Submitted Information that (a) is unlawful or that promotes or encourages illegal activity, (b) is false or misleading or (c) contains any viruses, Trojan horses, worms, time bombs or other computer programming routines intended to in any way damage or interfere with proper use of the Services, or gain access to any personal information or data maintained by BetterFit Technologies.
By providing us with Submitted Information you agree to grant and hereby do grant to BetterFit Technologies, its affiliates, employees, contractors and agents a non-exclusive, worldwide, perpetual, irrevocable, fully sublicensable and transferable, royalty-free, fully paid up, right and license to (a) use, copy, modify, create derivative works of and otherwise exploit all such Submitted Information and (b) subject to our Privacy Policy, perform, display and distribute all such Submitted Information.
Except for the Submitted Information, all of the Information available on or through the Services, including without limitation, text, photographs, graphics and video and audio content, is owned by us and/or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain BetterFit Technologies’ proprietary information.
WE PROVIDE THE SERVICES AND ALL INFORMATION “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ALL INFORMATION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, COMPLETE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL BETTERFIT TECHNOLOGIES OR ANY OF ITS AFFILIATES OR LICENSORS BE RESPONSIBLE TO YOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BETTERFIT TECHNOLOGIES TO YOU HEREUNDER EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO BETTERFIT TECHNOLOGIES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM OR (B) FIFTY DOLLARS ($50.00).
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM.
We may terminate and/or suspend your registration and/or access to the Services immediately, without notice, if there has been a violation of these Terms or other policies and terms (posted on the Sites) by you or by someone using your Credentials. We may also deactivate or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. BetterFit Technologies shall not be liable to you or any third party for any termination of your access to the Services. Upon termination or deactivation, all rights and obligations of the parties shall cease and you shall immediately cease using the Services, except that (a) all obligations (including any payment obligations) that accrued prior to termination and all remedies for breach of the Terms shall survive, and (b) all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnifications and limitations on liability.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to your access to and/or use of the Services or the violation of these Terms by you or any third party using your Credentials. BetterFit Technologies reserves the right to assume exclusive control over any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BetterFit Technologies in asserting any defenses.
We may change these Terms, or any additional terms that apply to our Services, at any time, as we reasonably deem appropriate. You should look at these Terms regularly. Upon any change in these Terms, we will post the amended agreement on the Sites with notice of the changes. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following such notification shall constitute your affirmative acknowledgement of the Terms, the modification and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following receipt of notification of any modifications hereto, then please do not use the Services.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information regarding changes to the Services will be included on the Sites, and the use of new services will be governed by these Terms. You agree that BetterFit Technologies will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
BetterFit Technologies currently provides the Services free of charge. We reserve the right at all times to implement certain fees for accessing any Services, however, no such fees will be charged to any users until users have consented to such fees.
These Terms and any supplemental terms, policies, rules and guidelines posted on the Sites, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be limited or eliminated to the minimum extent necessary such that the remaining portions shall remain in full force and effect. The failure of BetterFit Technologies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. Any controversy, dispute or claim arising out of or related to these Terms or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the Commonwealth of Massachusetts, pursuant to the rules of JAMS, Inc. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate. The foregoing shall not prevent either party from seeking injunctive or similar equitable relief from any court of competent jurisdiction.
We may assign these Terms at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of the business of BetterFit Technologies to which these Terms relate to another entity. We will post a notice on the Sites regarding any change of ownership so that you have the opportunity to discontinue your use of the Services or cancel your registration if you do not wish to continue to use the Services under the new ownership. You may not assign, transfer or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void.
