Acceptance of the Terms of Use

These terms of use are entered into by and between You (“Provider,” or “You”) and iCareBetter, Inc. (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of any content, functionality and services offered on or through iCareBetter.com (the “Website“).

Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://icarebetter.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not proceed further. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Account Creation, Approval, and Application Process

Upon agreeing to these Terms of Use and any other acknowledgments, you will be required to provide information and documentation requested by the Company. Failure to provide this information completely may result in your application being denied. You agree to provide accurate, truthful, and up to date information and samples of work as requested by the Company, and you agree to indemnify the Company against any harm suffered by a patient you were referred to through or based upon our website if your approval by the Company was based upon inaccurate, incorrect, or fraudulent information provided to us by you.

All application materials will be reviewed anonymously by iCareBetter. This process may take up to eight weeks and you may be required to provide supplemental information or documentation if requested. The determination by the application review team, once accepted by iCareBetter, will be final and determinative. Once the review team has approved your credentials, iCareBetter will perform a background check.

Upon application approval, you will be eligible to be listed on Company’s website. Company offers no guarantee that a listing on Company’s website will result in additional revenue or referrals of patients to You.

By submitting your application, you consent to allow the Company to use and utilize any and all materials submitted by you for educational and research purposes without compensation to you or further authorization, whether such research or use in education is conducted by the Company or a third party engaged by or partnered with the Company.

Application Fee and Subscription Fees

For Gynecology Surgeons: The cost to apply for membership is $400. This fee is nonrefundable and will not be returned to you for any reason, including but not limited to, your rejection by the application review team, your decision to end the review process prematurely, your failure to timely provide requested information by iCareBetter, or any other reason.

If your application is accepted by the review team, iCareBetter will notify you and will automatically charge a nonrefundable annual subscription fee of $1,399 to the payment method provided during the application. This subscription will automatically renew annually unless you cancel your account at least 30 days prior to renewal. You will not be provided any refund if you cancel your account. 

For Others: The cost to apply for membership is a one-time $200. This fee is nonrefundable and will not be returned to you for any reason, including but not limited to, your rejection by the application review team, your decision to end the review process prematurely, your failure to timely provide requested information by iCareBetter, or any other reason. There is no ongoing membership fee at this time.

From time to time, the Company may raise the subscription fee and will notify you through the email address you provided during registration at least 30 days prior to billing. If your payment fails for any reason, you will have up to 14 days to provide an alternative payment method. Failure to do so may result in the Company removing your profile from its website.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Providers.

We have the right to disable any profile, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use, provided false or misleading information during your application process, have lost the legal ability to practice medicine subsequent to membership admission, or for any other reason that would otherwise make you ineligible for membership. If your account is removed or suspended for this reason, you forfeit all membership fees paid to the Company at that time.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. 

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

Geographic Restrictions

The owner of the Website is based in the United States and makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR MEDICAL PRACTICE, AND USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH A MEMBER OF COMPANY’S REVIEW TEAM OF CONTRACTORS INDEPENDENTLY VIOLATING COMPANY POLICY AND MISUSING INFORMATION SHARED DURING THE EVALUATION PROCESS.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

You agree to indemnify the Company from any claims or liability including, but not limited to, violations of patient privacy due to your failure to fully and completely de-identify materials that you submit to the Company as part of the Company’s evaluation process described above. You further indemnify the Company against any and all harms or loss experienced by a patient who was referred to you through our website when such harm or loss was caused by you, your actions, the actions of your agents and/or your team members, whether intentional or negligent, and you agree to be named by and defend iCareBetter in any lawsuit filed against it by a patient who claims you caused them any harm or loss.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@icarebetter.com.