BetterPT, Inc.

TERMS OF SERVICE

Last Updated: November 8, 2018

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE BETTERPT.COM WEBSITE (THE “SITE”) AND RELATED WEBSITES, APPLICATIONS, SERVICES AND MOBILE APPLICATIONS (COLLECTIVELY, THE “SERVICES”) BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND BETTERPT, INC. (“WE”, “OUR”, “US”, OR “COMPANY”). IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS THE SITE OR SERVICES.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION WHICH YOU SHOULD CAREFULLY CONSIDER.

  1. Acceptance of Terms

By accessing or using this Site or any of the Services, you agree to be legally bound and to abide by the terms herein as if you had physically signed this Agreement. We may amend this Agreement at any time which is effective after 15 days of posting such amended agreement either on the Site or through the Services, and your continued access to the Site or use of our Services will signify your acceptance of any amended Agreement. If you do not agree to the changes, you may discontinue your registration and use of the Services by sending an e-mail request to support@betterpt.com.

  1. Use of this Site and Services

Subject to your compliance with this Agreement, BetterPT grants you a limited, nonexclusive, non-transferable and revocable license to install our mobile application for your personal use on your own personal device that you own or control, and to use the Site and Services solely for your own personal use in accordance with the terms and conditions of this Agreement.

Please refer to our BetterPT Privacy Policy for information regarding how we collect, use and disclose information about you in connection with your use of the Site and Services. You consent to our collection, use and disclosure of your individual information in accordance with our Privacy Policy. While we have taken practical precautions—including password protection, secured sessions, dedicated servers—to keep your personal information secure and confidential, you acknowledge that the internet, the Site and the Services may not be completely secure and messages to and from us may be observed by others. While we have taken precautions to protect your privacy, we accept no responsibility for security of information submitted, delivered or transmitted on or over the internet. It is up to you to take steps to ensure that information you select for your use is free of viruses and other items of a destructive nature. Please note that email correspondence that you may send to us may not be secure. For that reason, we ask that you do not send confidential or sensitive information to us through an unsecured email.

You agree to provide Company only true, accurate, current, and complete information, and shall update that information to keep it true, accurate, current and complete.

You must be at least 13 years old to use the Site and Services. If you are between the ages of 13 and 18 you must use the Site and Services under the supervision of a parent or legal guardian. You agree to use the Site and Services only for lawful purposes and to comply with all applicable laws, statutes, ordinances and regulations in your use of the Site and Services. The Site and Services shall not be used in a manner that would violate or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of transmitting, uploading or storing material that is obscene or defamatory. You are prohibited from posting on, uploading, or transmitting through the Site or Services, any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You remain solely responsible for all of the content that you post.

You agree not to use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of the Services, or any systems supporting the Site or Services or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Services.

Certain information and content provided on the Site or through the Services are created by third parties that are not affiliated with us. While we try to select partners that share our dedication to accuracy and integrity, we shall not be liable for the accuracy of any such information or content provided by third parties.

Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

BetterPT, Inc..

Attn: Copyright Agent

25 West 36th Street

New York, New York 10018

Phone: 212-634-7833

Email:  support@betterpt.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. No Medical or Physical Therapy Advice

WE ARE NOT A HEALTH CARE PROVIDER. THE SITE AND SERVICES DO NOT PROVIDE MEDICAL OR THERAPY-RELATED ADVICE AND ARE NOT INTENDED TO BE USED TO DIAGNOSE, SELECT TREATMENT FOR, OR CURE ANY HEALTH CONCERN OR CONDITION. RATHER, THE SITE AND SERVICES ARE TO BE USED ONLY FOR INFORMATIONAL, SCHEDULING AND, IF OFFERED, PAYMENT PURPOSES. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. We do not recommend or endorse any specific treatment, providers, procedures, opinions, or other information that may appear on the Site or through the Services. Any ratings or reviews of providers is user content and does not represent the views of BetterPT. If you rely on any content, you do so solely at your own risk. We encourage you to independently confirm any content relevant to you with other sources, including the physical therapist’s office, medical associations relevant to the applicable specialty, your state medical or physical therapy boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

  1. No Physician-Patient or Physical Therapist-Patient Relationship

The Services do not establish any physician-patient or physical therapist-patient relationship or supplant an in-person medical or physical therapy consultation or examination. Appropriate medical attention and advice should always be sought for any health issues or concerns that you may have, and you should not ignore medical advice or delay seeking medical advice because of the Site or any of the Services. If you have any current medical conditions, you should consult your physician before using the Services. If you feel any ill effects when using the Services, immediately stop using the Services and seek medical advice.

  1. Responsibility for Fees

You acknowledge and agree that:

  • you remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles and other coinsurance obligations);
  • BetterPT may process your payment, and may do so in collaboration with our payment processing partner;
  • BetterPT is not responsible for any fees or other charges incurred for any products or services provided by a physical therapist;
  • BetterPT is not responsible for any charges submitted for processing by physical therapists;
  • in the event you dispute any fees or other fees chargeable or charged through BetterPT, you will resolve such dispute directly with the applicable physical therapist;
  • by using the services of BetterPT’s payment processor  (“Transaction Processing Services”), you accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services;
  • you will promptly review all fees and other charges processed through the Transaction Processing Services, and immediately notify BetterPT to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and
  • neither BetterPT nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason.
  1. Intellectual Property Rights

All title and intellectual property rights (including without limitation, copyrights, trademarks, and trade secrets) in and to the Site, content on the Site, and our Services, are owned by us and/or third parties with whom we have contracted (Company’s “Intellectual Property”). Our Intellectual Property is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of our Intellectual Property is expressly prohibited by law, and may result in civil and criminal penalties. Accordingly, you shall not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the content that you access on the Site or through the Services, in whole or in part. This Agreement does not grant you any rights to use the content on the Site or the Services other than in accordance with the terms of this Agreement. The U.S. export control laws regulate the export and re-export of certain content and technology originating in the U.S., including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise any content provided through this Site or the Services.

  1. No Warranty

UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. NEITHER PARTY MAKES OR GIVES ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT GUARANTEE THE SECURITY OF THE SITE OR THAT THE SITE AND/OR SERVICES WILL BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.

  1. Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY CAUSED BY USE OR MISUSE OF OUR SITE OR SERVICES. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF DATA.

WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK WHICH MAY BE OR IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF ANY USE OF OUR SITE OR SERVICES.

WITHOUT LIMITING ANY OTHER CLAUSE OF THE AGREEMENT, IF WE ARE FOUND LIABLE TO YOU FOR ANY CLAIMS ARISING UNDER, OR IN CONNECTION WITH, ANY SERVICE, OUR AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE ANNUAL FEES FOR THE SERVICES PAID TO US BY YOU OR THE PARTY PAYING ON YOUR BEHALF.

IF APPLICABLE LAW IMPLIES WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT, WHERE PERMITTED, COMPANY LIMITS ITS LIABILITY UNDER SUCH PROVISIONS TO THE RESUPPLY OF THE SERVICE, OR AT COMPANY’S OPTION, THE COST OF HAVING THE SERVICES RESUPPLIED.

  1. Cancellation and Account Termination

We have the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. BetterPT shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another account). Sections 5 through 8 and Sections 11 through 17 shall survive any termination of this Agreement.

You may cancel your account at any time by sending a request to support@betterpt.com. If you would like us to delete your account in its entirety (meaning deleting all of your user data), please send your request to support@betterpt.com. You may also contact us by phone via the number listed on the Site.

  1. Right to Change Site and Services

We may make changes in our sole discretion to the Site or the Services from time to time. For operational purposes, we may in our sole discretion discontinue all or any part of the Site or Services or delete any data or content obtained through the Site. We may also add Services. Any change to the Services is effective immediately upon a posting on the Site, electronic mail, or conventional mail.

  1. Indemnification

By using or accessing the Site or Services, you agree to indemnify and hold harmless Company, and our officers, directors, employees, and agents from any and all damage, loss, liability, and expenses, including reasonable attorneys’ fees, resulting from or related to any: (a) misuse of the Site or Services; (b) breach or violation of this Agreement by you; (c) injuries to or death of any person arising in any way out of this Agreement; (d) damages to or loss of any property arising in any way out of this Agreement, (e) claims of intellectual property infringement arising in any way out of this Agreement; or (f) your willful misconduct.

  1. Governing Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE AND SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

  1. Waiver

A party’s failure to enforce any provision of this Agreement shall not constitute a waiver of the provision or the right to enforce it at a later time.

  1. Assignment

This Agreement, as well as your user names and passwords are not assignable or transferable without our prior written consent, and any such conveyance shall be null and void.

  1. Severability

If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

  1. Entire Agreement

This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.

  1. Legal Notice to California Users

California users are entitled to the following consumer rights information under California Civil Code § 1789.3:

Pricing Information. Any subscription fees for use of the Services are listed on the registration page of this Site. Company reserves the right to add, delete, or change fees or charges at any time as provided in this Agreement.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

  1. SMS/Text Communications

You hereby consent to us sending communications to your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You may opt-out of receiving future SMS or text messages from us by clicking on the “opt-out” link at the end of any SMS or text message that we send.

  1. Mobile Applications from Apple App Store

The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

  1. Mobile Applications from Google Play Store

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.

  1. Contact

Please contact support@betterpt.com with any questions regarding this Agreement.

 

 

PLEASE PRINT THIS AGREEMENT FOR YOUR RECORDS.

 

 

© COPYRIGHT 2018 | BetterPT, Inc. ALL RIGHTS RESERVED.