Terms and Conditions
Acceptance of Terms
BeCare Link (“BeCare”, “we”, “us”, or “our”) operates the website located at www.becarelink.com and certain mobile applications (e.g. BeCare MS Link, BeCare ALS Link), (collectively, the “Site”), and the services available through the Site (the “Services”) subject to the following Terms and Conditions, which may be updated by BeCare from time to time without notice to you. Please review the Terms and Conditions periodically for changes. If you do not agree to the Terms and Conditions, do not use this Site. By using this Site, you acknowledge that you are 18 or older and agree that you have read, understood and agree to these Terms and Conditions.
Disclaimer of Content
The Site may provide information about BeCare and the products and services offered, including remote diagnostic monitoring services, data analysis and information about various health conditions.
Any clinical information on the Site is intended for the use of health care professionals. Health care professionals should exercise their own clinical judgment when using our content, tools or databases.
If you are a patient or health care consumer, you should not use information found on the Site to replace a relationship with your physician or other health care professional and should not rely on this information as professional medical advice. In the case of a health emergency, seek assistance immediately from emergency personal. Never delay obtaining medical advice or disregard medical advice because of something you read on this Site.
The information and services on the Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a health care provider knowledgeable about your history. USE OF ANY INFORMATION ON THE GENERAL WEBSITE DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP.
ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BECARE DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BECARE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. BECARE SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES BECARE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that all content available on this Site (“Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws. You agree that as between you and BeCare, BeCare is the owner of all such Content. You agree that the materials on the Site may be accessed, downloaded or printed for the noncommercial purpose of scientific or educational advancement or within the scope of these Terms and Conditions. No other use may be made without the express written permission of the operators of the Site. Any unauthorized use of the words or images on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
None of the names, trademarks, service marks and logos of BeCare may be used in any advertising or publicity or otherwise to indicate BeCare’s sponsorship or affiliation without BeCare’s express written permission. All proprietary notices and copyright information on the Site must be observed, and nothing in these Terms and Conditions or on the Site shall act to grant a license or right of use to any trademark displayed on the Site.
Third Party Sites
This Site may provide links to other websites on the Internet. BeCare makes no representations whatsoever about these other websites. The provision of links to other websites on the Internet should not imply BeCare’s endorsement of any such websites or any association with these other sites’ operators. These websites are not under the control of BeCare, and you understand, acknowledge and agree that BeCare is not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that BeCare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any websites linked to this Site.
The Services may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Site. You acknowledge and agree that you are responsible for maintain the confidentiality of your log in identification and password, and, for all uses of your log in information, password and/or your account. You shall notify us immediately of any unauthorized access of the Site through your account. You acknowledge and agree that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your log in identification, password or account as a result of you failing to keep your account information secure and confidential.
BeCare shall grant a limited, personal, non-exclusive, non-transferable right for you to access the features and functions of the Site for the duration of the subscription period provided continuing compliance with the terms and conditions listed herein. Access to BeCare’s site shall be limited to the uses identified in Disclaimer of Content.
Your Provision of Contact/ Account Information
When you provide information about yourself to us, including when you create an account, you represent, warrant and covenant (a) to provide accurate, current and complete information about yourself, (b) not to provide information that attempts to impersonate another individual; and (c) to maintain and promptly update such information to keep it accurate, current and complete.
When you provide information to us and/or otherwise utilize our Site, you agree that you will not use this Site to:
- upload, post, email or otherwise transmit any submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including but not limited to, a BeCare official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge any TCP/IP packet headers or any part of the header information or otherwise manipulate identifiers in order to disguise the origin of any submissions transmitted through this Site;
- upload, post, email or otherwise transmit any submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any submissions, including metatags, that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this Site that are designated for such purposes;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
- stalk or otherwise harass another;
- circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- attempt to probe, scan, or test the vulnerability of any BeCare system or network or breach or impair or circumvent any security or authentication measures protecting the Site or the services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the services; or
- collect or store personal data about other users.
You agree to indemnify and hold BeCare harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of any content on this Site or the Services including, without limitation, your disclosure or submission of any information that is incomplete or inaccurate. BeCare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BeCare in asserting any available defenses.
BeCare makes no representation that content on this Site is appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. If you access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
BeCare respects the intellectual property rights of others and expects visitors to this Site to do the same. BeCare will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. BeCare reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, BeCare will also terminate a user’s account if the user is determined to be a repeat infringer.
Modifications to Services
BeCare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or some or all of the Services offered through this Site, with or without notice. You agree that BeCare shall not be liable to your or to any third party for any modification, suspension or discontinuance of this Site or some or all of the Services offered through it.
Choice of Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
These Terms and Conditions constitutes the entire agreement between you and BeCare with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and BeCare with respect to this Site, unless otherwise. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
BeCare may terminate or suspend your access to the Site and Services and remove any content or materials from the Site in the event you breach these Terms of Service or fail to make any required payment when due. BeCare also reserves the right, in its sole discretion, to terminate your access to all or part of this Site or to the Services, without cause, with or without notice, in which event all licenses granted to you hereunder shall terminate, and BeCare shall have no obligation to make this Site available to you or to provide you any services, but shall be obligated to refund to you any amounts paid by you for Services not yet delivered as of the effective date of termination. You agree that BeCare shall be entitled to payment from you for any and all out-of-pocket costs including, without limitation, attorneys’ fees, incurred by BeCare in enforcing these Terms and Conditions. All provisions of these Terms and Conditions which by their nature or express terms are or ought to survive termination, shall so survive.
These Terms and Conditions are effective unless and until modified or terminated at any time by us.
These Terms and Conditions does not create any relationship of partnership, joint venture, employment, franchise or agency between you and us.