Acceptance of Terms
The Website and Services are provided for informational and educational purposes only and made in good faith and should not be relied on as the sole basis for making decisions. Medical information about surgical and non-surgical procedures, treatments, testing, and classifications is constantly evolving and subject to further change as more information becomes available. You are responsible for making independent determinations about the information you receive on the Website or by using the Services and reliance on any such information provided is solely at your own risk and does not ensure a successful medical outcome. We do not provide medical advice, diagnosis, or treatment and we do not make medical referrals. By accessing the Website, you acknowledge that no representation made by us is an examination, diagnosis, or prescription by a person licensed to practice medicine. If you have a medical complaint or suspect a medical problem, we strongly urge you to consult a physician or appropriately licensed health care practitioner. Always seek the advice of a physician before undertaking a new health care regimen. No warranty, representation, or guarantee is being made that any medical information provided via the Website and/or any of the Services are accurate, complete, exhaustive, reliable, current, appropriate, useful, or fit for a particular purpose. No liability or responsibility will be assumed by us for the accuracy, completeness, or usefulness of any medical information disclosed via the Website and we have no obligation to you for your use or reliance on the same, including no liability for subsequent damage or loss resulting from use of or reliance on any medical information or the Services.
We maintain a database of health care practitioners that includes individuals who have been reviewed by a team of independent physicians who are knowledgeable in their field. This review is conducted based upon information provided to us by the practitioners seeking to be listed on our website. We make no claim to the qualifications of recommended practitioners above or beyond the evaluation conducted by us using materials submitted by the practitioners, and that the practitioner demonstrated sufficient competency based upon the materials they submitted. As a patient, you are responsible for evaluating practitioners based upon your own criteria. iCareBetter makes no claims as to the abilities or fitness of practitioners other than having passed a review process by our independent evaluators and we are not liable for any harm or loss that you may experience as a result of care or services provided by a practitioner listed on our website. We are not responsible for any harm or loss that you experience based upon an interaction with a physician whose evaluation was completed based upon fraudulent or inaccurate information submitted to us by the practitioner. We cannot guarantee any outcome, favorable or not, based upon your interactions with practitioners listed on our website and we are not responsible for any complications experienced by you as a patient or potential patient.
Right to Use Website
Practitioner Account Registration and Termination
If we have reasonable grounds to suspect that any information provided at registration or otherwise via the Website is untrue, inaccurate, or incomplete or your use of the Services is improper, all as determined by us in our sole discretion, we may suspend or terminate your Practitioner Account and refuse any and all current or future use of the Website or Services. If we terminate your Practitioner Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, and we may prohibit you from future use of the Website and Services. You may terminate your Practitioner Account at any time for any reason by sending us an email at info@iCareBetter.com with the subject line “Delete My Account”. Termination requests will be honored within thirty (30) days of receipt.
Payment for Services
We reserve the right to refuse any payment placed through the Website. You are responsible for payment of the Services by means of a payment option made available through the Website at the time of making your payment. We use third party providers and may accept various third party services to process payments. All payments shall be in U.S. dollars. You agree to pay the amount shown on the Website and you authorize us to charge the chosen payment provider. ALL PAYMENTS ARE FINAL. THERE WILL BE NO REFUNDS.
Our Intellectual Property Rights
The Website and Services, which include without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, forms, checklists, documents, and the like, as well as their selection and arrangement, are owned by us. The Website and Services are subject to copyright, trademark, and other intellectual property rights. We will protect all copyrights in the Website and Services to the fullest extent allowed under law. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to the Website or the Services without our written permission.
The Website and Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Website is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Website or used in connection with the Services are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Website, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Website or Services may be distributed for commercial gain nor shall either the Website or Services be sold, modified or incorporated into any other work, publication, or website.
You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, responses on quizzes, or other communications or materials (collectively, “Submissions”) regarding the Website or Services provided by you to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission.
You are solely responsible for your use of the Services, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Website any of the following: (i) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading; (ii) User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law; (iii) User Content that may infringe any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party; (iv) unsolicited promotions, advertising, or solicitations; (v) private information of any third party, including, but not limited to, medical record information, email addresses, Social Security numbers, credit cardholder data; or (vi) User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas of the Site, or which may expose us to any harm or liability of any type.
Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Website. We have adopted a policy of terminating users of the Website or Online Services who are deemed to be repeat copyright infringers. You should be aware of and comply with applicable copyright laws.
Notifications. If you believe that any content available on or through the Website infringes upon any copyright you own or control, please immediately notify us by email (“Notification”) to info@iCareBetter.com, providing the information described below, which Notification must meet the requirements of a proper takedown notice pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the content addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes on any copyright you own or control, you should consider first contacting an attorney. We have a policy of terminating repeat infringers in appropriate circumstances. All Notifications should include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by the Notification, a representative list of such works at the Website; (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 content; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the content 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter Notification. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this content. If you believe your own copyrighted content has been removed from the Website or Services as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to info@iCareBetter.com pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) Identification of the content that has been removed or disabled and the location at which the content appeared before it was removed or disabled; (b) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the U.S., for any judicial district in which we are located; (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (d) your name, address and telephone number; (e) a statement under penalty of perjury that you have a good faith belief the content in question was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled; and (f) your signature. If you send us a valid, written Counter Notification, we will restore your removed or disabled content after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the content in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages. Filing a false Counter Notification constitutes perjury.
You may not use our logo or any other proprietary graphic to link to the Website or Services; however, we permit text links to content on our Website, provided: (i) the purpose of the link is not to damage the reputation of the Website, its representatives, or users; (ii) the appearance of the link does not imply any association with us or the Website that does not exist; and (iii) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from our Website or websites linking to our Website. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Website or Services, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Website, you should be aware that our terms and policies will no longer apply.
We may accept advertisers and sponsors to display their advertisements and other information in certain areas of the Website such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell through those advertisements. We simply provide the space to place such advertisement and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant they possess all rights and authority to place advertisements on the Website including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that such advertisements are subject to our DMCA policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.
THE WEBSITE AND SERVICES ARE NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR MEDICAL PROFESSIONAL. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES ACCESSED THROUGH THE WEBSITE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. AVAILABILITY OF SERVICES AND OTHER CONTENT ON THE WEBSITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT WILL WE OR OUR EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Interruptions, Modifications, and Termination
Governing Law and Dispute Resolution