NOT FOR EMERGENCIES
THE SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, our “Services”) provided by Bitcare Systems Inc. (“ Bitcare”, “we”, “us” or “our”). By clicking “I Accept” or by accessing or using the Services, you agree to these Terms.If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at Bitcare.
1 Our Services
We provide a software platform through which individuals may access and use the Services (“Users”) for purposes of scheduling appointments and communicating with their healthcare service providers (“Healthcare Providers”) and supporting continuity of care in a secure environment.
2 Eligibility
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
4 Security and Confidentiality of the Services
Federal and State law govern the confidentiality of medical information. Please read our privacy policy for information about how Bitcare collects, uses, and discloses information through the Services.
5 Additional terms
Additional terms and policies (“Additional Terms”) may apply to specific portions of the Services. In the event Additional Terms apply to your use of the Services, we will provide notice of such terms and your continued use of the relevant portions of the Services will constitute your agreement to these Additional Terms. Unless indicated otherwise, if there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.
6 User Content
Our Services may allow you and other users to upload, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content“). Except for the license you grant below, as between you and Bitcare, you retain all rights in and to your User Content.
You hereby grant Bitcare a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. However, our use of your User Content is strictly limited by the provisions of the Bitcare Privacy Policy. We will not use or share your User Content in any manner that does not fully comply with our Privacy Policy.
You may not upload, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
7 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. Without limiting the foregoing, you will not:
▪ Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
▪ Use or attempt to use another user’s account without authorization from that user and Bitcare;
▪ Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
▪ Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
▪ Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
▪ Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
▪ Bypass or ignore instructions contained in our robots.txt file, accessible here, that controls automated access to portions of our Services; or
▪ Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:
▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
▪ Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
▪ May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
▪ Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
▪ Impersonates, or misrepresents your affiliation with, any person or entity;
▪ Contains any private or personal information of a third party without such third party’s consent;
▪ Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
▪ Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Bitcare or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
8 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Bitcare Content”) are owned by or licensed to Bitcare and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Bitcare and our licensors reserve all rights in and to our Services and the Bitcare Content. Bitcare hereby grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Bitcare Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Services or Bitcare Content; (b) copy, reproduce, distribute, publicly perform or publicly display Bitcare Content, except as expressly permitted by us or our licensors; (c) modify the Bitcare Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Bitcare Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Bitcare Content other than for their intended purposes. Any use of our Services or Bitcare Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
9 Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Bitcare or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Bitcare. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10 Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Bitcare’s Designated Agent as follows:
Designated Agent: Bitcare
E-Mail Address: info@bitcare.co
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Bitcare for certain costs and damages.
11 Additional Provisions Applicable to Healthcare Providers
In addition to the other provisions of these Terms, the following are additional provisions that apply specifically and solely to Healthcare Providers:
11.1 Representations and Warranties
By using the Services as a Healthcare Provider, you represent and warrant that: (a) you possess the qualifications, experience and skills necessary to provide the services that you are offering through the Services and that you will perform such services with the degree of skill and care that is required by current good and sound professional practices in accordance with any applicable industry standards; (b) you have, and will continue to maintain, all valid licenses and authorizations required by all applicable authorities and laws for any services you solicit, accept or perform; (c) you will not collect, use, rent or sell information about Users that you obtain directly or indirectly from Bitcare for purposes other than to provide the services to such Users; and (d) all information you provide related to your qualifications experience and skills, as well as other information provide in relation to the Services is accurate, current and complete.
11.2 Independent Contractor
You acknowledge that you are an independent contractor, and that no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between you and Bitcare. You shall be responsible for the supervision, direction, control, compensation, benefits, and withholdings of all of your employees.
11.3 Confidentiality
To the extent you receive any confidential information of Bitcare in connection with your use of the Service, including but not limited to information concerning fees, marketing plans, financial results, Users, Healthcare Providers, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by Bitcare which is not generally known to the public, you agree to protect such information against any unauthorized use or disclosure and to use such information solely for the purposes for which it was disclosed to you. For purposes of clarification and not limitation, you are not permitted to disclose information about Users or Healthcare Providers that you collect through the Services to any third party without the express written consent of Bitcare.
12 Terms of Sale
12.1 Pricing and Availability
All prices are shown in U.S. dollars, and taxes are additional. All services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue services without notice, even if you have already purchased a subscription. All prices are subject to change without prior notice.
12.2 Continuous Subscriptions.
WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BITCARE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOUR DESIGNATED PAYMENT METHOD ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. IF THE PAYMENT METHOD CANNOT BE VERIFIED, IS INVALID OR IS OTHERWISE NOT ACCEPTABLE, WE WILL NOTIFY YOU AND YOUR ORDER MAY BE SUSPENDED OR CANCELLED IF YOU DO NOT RESOLVE THE ISSUE PROMPTLY. IN THE EVENT THAT YOU WANT TO CHANGE OR UPDATE PAYMENT INFORMATION ASSOCIATED WITH YOUR ACCOUNT, YOU CAN DO SO AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND EDITING YOUR PAYMENT INFORMATION. YOU ACKNOWLEDGE THAT THE AMOUNT BILLED MAY VARY DUE TO PROMOTIONAL OFFERS, CHANGES TO YOUR ORDER OR CHANGES IN APPLICABLE TAXES OR OTHER CHARGES, AND YOU AUTHORIZE US (OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR THE CORRESPONDING AMOUNT.
12.3 Cancellation Policy.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY LOGGING TO YOUR ACCOUNT AND CANCELLING FROM THEREIN. In the event you cancel your Subscription, please note that we may still send you promotional communications about Bitcare, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
12.4 Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 12.3 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
13 Electronic Communications
By creating a Bitcare account, you consent to receive communications from Bitcare (e.g., via telephone, email, and other electronic communications, or by posting notices to the website). These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively “Electronic Records“), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act (“E-Sign“). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Bitcare may be required to provide to you. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further understand that checking a box, clicking “accept” on our website, or responding via telephone keypress constitutes your signature. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us at Bitcare. In order for you to access and retain Electronic Records sent by Bitcare, you must have the following hardware and software: a computer capable of reading html and text files, a modem or other means of accessing the Internet, and a browser capable of accessing and displaying the Bitcare web site. To print the Electronic Records, you will also need a printer. You may withdraw your consent by contacting us at Bitcare. However, the services provided by Bitcare are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent may result in your account being closed.
14 Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Bitcare and our independent contractors, service providers and consultants, and our respective officers, directors, agents, partners and employees (individually and collectively, the “Bitcare Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Bitcare Parties of any third-party Claims, cooperate with Bitcare Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Bitcare Parties will have control of the defense or settlement, at Bitcare’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bitcare or the other Bitcare Parties.
15 Disclaimers
While we enable Users and Healthcare Providers to communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between Users and Healthcare Providers. In addition, we are not responsible for and we expressly disclaim all liability that may result from information made available by Users or Healthcare Providers and the conduct of Users and Healthcare Providers, whether online or offline. Bitcare does not sponsor, endorse, recommend or approve of any HealthcareProviders. Additionally, we cannot and do not represent or warrant that any Healthcare Provider is licensed, qualified, insured or capable of performing any product or service, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any Healthcare Provider, or the suitability, reliability or accuracy of the products and services they provide.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services. Bitcare makes no warranty, representation or guarantee with respect to products and services offered by Healthcare Providers, and Bitcare specifically disclaims any warranty, representation or guarantee with respect to the quality, safety, legality or other characteristics of such products and services, or with respect to the conduct of any Healthcare Provider in connection with such services.
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Bitcare does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Bitcare attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services including but not limited to all of the risks associated with any online or offline interactions with Users and Healthcare Providers.
16 Limitation of Liability
Bitcare and the other Bitcare Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Bitcare or the other Bitcare Parties have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total liability of Bitcare and the other Bitcare Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount paid by you during the twelve (12) months prior to the claim, or, if you have not paid Bitcare for the use of any Services, the amount of $100.
The limitations set forth in this section (a) will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose, and regardless of the form or cause of action or the alleged basis of the claim, and (b) will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Bitcare or the other Bitcare Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17 Release
To the fullest extent permitted by applicable law, you release Bitcare and the other Bitcare Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
18 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
19 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Bitcare and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Bitcare seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Bitcare seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Bitcare waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Bitcare agree that any dispute arising out of or related to these Terms or our Services is personal to you and Bitcare and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Bitcare agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Bitcare agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Bitcare will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by contacting us at Bitcare In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20.
20 Governing Law and Venue
Any dispute arising out of or related to the Services or these Terms will be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington.
21 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
22 Termination
We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services at any time. We will not be liable to you for any termination or suspension of your access or use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
23 Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
24 Miscellaneous
These Terms constitute the entire agreement between you and Bitcare relating to your access to and use of our Services. The failure of Bitcare to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
