Ownership and Purpose of the Websites and Applications
Patient Better LLC owns and operates various websites and applications related to personal health management software for and other related online products and services. These products and services or future websites or mobile access or applications. These websites and applications are collectively referred to herein as the “Services.”
The purpose of the Services is to provide a secure network that will assist people in managing their personal medical records, prescriptions, doctors’ appointments and other healthcare related items online and/or from their mobile devices in order to assist them in obtaining improved quality, safety, and efficiency of healthcare. This includes providing a means of interacting with Patient Better LLC’s Software and other related products and services which one of more of each patient’s healthcare providers utilize. The Services may interact with other websites, applications, and portals owned and operated by Patient Better LLC
Terms and Conditions
Content and Intellectual Property Information
The proprietary contents of the Services include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, marks, music, photographs, text, video, and any other files displayed, used and/or available on or through the Services (the “Content”), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Content is owned, controlled, or licensed by or to Patient Better LLC, and is protected by copyright, trade dress, trademark, and other intellectual property rights and unfair competition laws. Patient Better LLC reserves all rights, title, and interests in the Content and the Services.
Digital Millennium Copyright Notice and Other Reports of Infringement
Pursuant to 17 U.S.C. § 512(c)(2) (known as the Digital Millennium Copyright Act of 1998), You may contact ECW to report the infringement of any intellectual property right through Patient Better LLC, designated agent:
Please do not contact Patient Better LLC’s designated agent for technical support issues; contact Your applicable healthcare provider or Patient Better LLC,. Any such technical support requests sent to the above designee may not be responded to or even received by Patient Better LLC,.
Access and Use of the Services
The Services are intended to be used by individuals whose provided services from Patient Better LLC, or its affiliates, and all other individuals who wish to use the Services’ functionality in connection with their medical care and wellbeing. To begin use of the Services, You may be asked to provide information about Yourself (or the person on whose behalf You are accessing, using or downloading the Services, including all related websites and applications). If You are under 18 years old, please discuss whether You should use and download the Services with Your physician and/or Your parent(s) or guardian(s). To use the Services, You must be a resident of the 50 States of the United States of America, exclusive of its commonwealths, territories, and possessions. To access or use the Services, You may be required to provide Patient Better LLC, with information relating to Your identity and certain other information, including Your email address. By submitting such information to Patient Better LLC, You hereby certify that any and all information provided to Patient Better LLC, by You is true and correct and You authorize ECW to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent Patient Better LLC, needs to do so to protect its rights or other users of the Services. Failure to provide truthful and accurate information to Patient Better LLC, may result in termination of Your access to the Services.
The Services requires a valid, working e-mail address and other information to initially set up Your access to the Services. (Some functionality may not require You to set up an account; such functionality is not subject to the same security and protections as the functions available to account holders who access the Services through their accounts using their password or PIN). Additionally, You will be required to create a username, password and/or PIN number to securely access the Services. Current users of certain of the Services may be allowed to use their current log-in credentials to access the Services and all users may have the ability to “link” their various accounts together through the Services and any Affiliated Services or applications. You are solely responsible for maintaining the strict confidentiality of the username, password, and/or PIN You use to access the Services. This responsibility includes not allowing another person to use Your credentials to access the Services. You will be solely responsible for any damages or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Your username and password. You should immediately inform Patient Better LLC in writing of any need to deactivate Your account due to potential or actual security concerns. Patient Better LLC will not be liable for any harm related to the misappropriation of Your username, password and/or PIN, Your intentional or negligent disclosure of such items to another person, or Your authorization to allow another person or entity to access and use the Services under Your log-in credentials. You agree that you will not register for more than one account for any specific product or service, including each website and application which may be available. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Services. All forms of indirect and “spoofed” access are strictly prohibited.
Patient Better LLC, uses the means it believes are reasonable to provide access to the Services 8:00am – 5:00pm Monday – Friday CST, except in the case of natural disasters, events beyond Patient Better LLC’s control, and any necessary repair or maintenance operations required for the smooth operation of the Services. Patient Better LLC, shall not be liable for any failure or deficiency in the performance of the Services for any reason whether such reason be maintenance, breakdown or any event beyond Patient Better LLC’s reasonable control including, without limitation: fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.
You acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Patient Better LLC, shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet through the Services and/or use of mobile devices is inherently insecure and that connection to the Internet and/or use of mobile devices provides opportunity for unauthorized access by a third party to computer systems, mobile devices, networks, and any and all information stored therein. All information transmitted and received through the Services, the Internet, or through mobile devices is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Patient Better LLC, shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Services, the Internet, or mobile devices, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation, or any violation of the intellectual property rights of another.
Medical Disclaimers; No Provider/Patient Relationship; Provider Information
Use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind involving Patient Better LLC, or its affiliates – this shall be true whether a user is utilizing any provider location services, links to Affiliated Services or applications, or other websites and any other manner in which the Services may assist a user in locating a medical professional.
Communications between patients and healthcare providers may not occur, and cannot be guaranteed to occur, in real-time.
Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through the Services is intended to be substituted for medical diagnosis or treatment. Patient Better LLC, does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on or transmitted through the Services (regardless if the foregoing is mentioned or transmitted by healthcare providers, insurance providers, or similar professionals or organizations). Your reliance upon any information obtained or used by You is solely at Your own risk. Patient Better LLC is not responsible for the accuracy of any information or content provided or sent by You or other users of the Services, including Your physician, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information You send or receive through the Services, including any of Your patient health information, data, or records. IF YOU HAVE AN EMERGENCY, DO NOT USE THE SERVICES TO CONTACT YOUR HEALTHCARE PROVIDER – INSTEAD, YOU SHOULD IMMEDIATELY CALL 911 AND REQUEST EMERGENCY CARE ASSISTANCE.
Patient Better LLC shall not be liable in any way to You for any decision You make or any actions that occur in connection with the use of the Services in locating and/or starting a relationship with a medical professional. Patient Better LLC has no control over, and cannot guarantee the availability of any provider that is a part of the Services at any particular time. Patient Better LLC, will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.
You are strongly advised to perform an independent investigation prior to selecting a healthcare professional by making telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other healthcare provider (each, a “Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board, and consulting other sources as may be appropriate.
Patient Better LLC makes the Services available as a service to consumers and Providers for the purposes of providing an informative and educational resource. Patient Better LLC may, but has no obligation to, review Content posted on the Services. It is important to note, however, that the timeliness and accuracy of any or all of the Content is not guaranteed. Neither the authors (whether users of the Services or not), Patient Better LLC, nor any other party who has been involved in the preparation or publication of any Content can assure you that such Content is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Content.
The procedures, products, services and devices discussed and/or advertised within the Services are not applicable to all individuals, patients or all clinical situations. Patient Better LLC makes no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for Your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Compliance with Laws; Transmission of Data
When You use the Services to upload, transmit, or receive PHI, You agree that, to the extent applicable, You shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that Patient Better LLC, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.
To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, You hereby grant to Patient Better LLC a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to You, Your patient care, Your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that Patient Better LLC shall comply with the Privacy Laws in connection with any such actions.
Communication of Other Information To and On the Services Websites and Applications
The Services may at some point contain features that allow You to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then accessed by other Services users or through the websites or applications (a “Posting”). If such functionality is available, You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying the Services or any Affiliated Services, in whole or in part; (ii) is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful in any manner; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, rule or regulation; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.
Ads; Communications with Users; Links To Third Parties
The Services may include sponsored advertising and You hereby agree and understand that by downloading and using the Services, you consent to the presence of sponsored ads and services on the Services, which advertising will be placed at Patient Better LLC’s sole discretion. Such ads may be placed vertically on the left or right side, or horizontally on the bottom, of any displayed page on the Services. Sponsored ads shall be clearly delineated from other content on the Services through the use of boxes surrounding the advertisement, a different colored background or other similar means and shall contain a header with the words similar to “Advertisement or Sponsorship.”
In addition to the foregoing advertising, Patient Better LLC, through the Services or the contact information You have provided, may contact You regarding certain offers, products or services of Patient Better LLC or other of its partners that Patient Better LLC believes may be beneficial to You. You understand and agree that Patient Better LLC may contact You in this manner. You may also be asked to grant an authorization for (i) Patient Better LLC to use Your PHI in connection with its business partners and the advertising, offers, products or services that may be directed to You, and (ii) Patient Better LLC to “push” notifications to You through Your mobile device(s). You may decide to authorize Patient Better LLC to act in these manners by accepting such terms in the process of downloading and signing up for the Services. You will also have the authority to opt out of such use at any time by contacting Patient Better LLC.
The Services may also contain links to the websites of Patient Better LLC affiliates, partners, advertisers, or unrelated third party companies or links to other websites or mobile applications (collectively, “Linked Sites”).
Your Representations, Warranties, and Indemnification to Patient Better LLC
Disclaimers, Exclusions and Limitations
As used below in this section, Patient Better LLC, and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.
DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SERVICES OR THE AFFILIATED SERVICES (INCLUDING ALL RELATED WEBSITES AND APPLICATIONS) ARE PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PATIENT BETTER LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.
WITHOUT LIMITING THE FOREGOING PROVISIONS:
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SERVICES AND/OR THEIR CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM, THE SERVICES AND/OR THEIR CONTENT;
(2) PATIENT BETTER LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR ANY CONTENT WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SERVICES, ANY AFFILIATED SERVICES AND/OR THEIR CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT (MOBILE OR OTHERWISE) OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
(3) PATIENT BETTER LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING, BUT NOT LIMITED TO, ANY USERS OF THE SERVICES) USED ON OR WITHIN THE SERVICES OR ANY AFFILIATED SERVICES OR RECEIVED IN CONNECTION WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND PATIENT BETTER LLC IS NOT RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;
(4) PATIENT BETTER LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE SERVICES, ANY AFFILIATED SERVICES, OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND
(5) PATIENT BETTER LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE SERVICES OR THE AFFILIATED SERVICES OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES
Patient Better LLC may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Patient Better LLC’s rights or property, or another person’s rights or property. Patient Better LLC reserves the right to disclose any information Patient Better LLC deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Void Where Prohibited
Patient Better LLC reserves the right to limit, in its sole discretion, the provision and quantity of any Service, Content, feature, or product to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product, or service made on the Services and/or the Affiliated Services is void where prohibited.
Modification or Termination of the Services
Patient Better LLC may, in its sole and absolute discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Services and/or the Affiliated Services, temporarily or permanently, at any time and for any reason without prior notice. Patient Better LLC is under no obligation to retain a record of your Account or any data or information that you may have used, disclosed, processed, retrieved, transmitted, or viewed on Patient Better LLC.
Governing Law and Arbitration
The Parties to this Agreement further acknowledge and agree that:
(a) the location of the arbitration, including the location of all arbitration hearings, shall be Sealy, Texas, USA;
(b) the arbitral award shall address the costs and expenses of arbitration and all matters related thereto, including, the allocation of same between the parties;
(c) the award of the arbitrators shall be final and binding upon the parties; and
(d) the parties submit to the jurisdiction of the federal courts of Texas for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through such courts.
By using the Services and/or the Affiliated Services, You expressly waive Your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.
Patient Better LLC may assign its rights, in whole or in part, in the Services and/or the Affiliated Services in accordance with its sole discretion.
You acknowledge and agree that it is the intent of both you and Patient Better LLC to limit the period of time in which a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to Patient Better LLC must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.