LAST MODIFIED: March 22, 2023
This Agreement is between you and BetterWellness365, and its affiliates (collectively, “Company,” “we,” or “us”) regarding your use of our online interfaces and properties, including mobile services, websites, and software that link to this Agreement. The Service includes:
This Agreement applies to all visitors, users, and others who access the Service (“Users”). This Agreement also incorporates any additional terms and conditions posted by the Company through the Service or otherwise made available to you.
If a Sponsor Organization is paying for access to the Service on your behalf and has a separate agreement with the Company, that agreement governs the relationship between the Company and the Sponsor Organization, while this Agreement governs the relationship between the Company and you.
Agreement Acceptance and Updates
By accessing or using the Service or otherwise indicating your assent, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement. Please read this Agreement carefully to understand each provision.
We may modify or update this Agreement from time to time, and any changes will be posted through the Service or made available through other reasonable means. Your continued access to or use of the Service after any change constitutes your acceptance of the change. No change will apply retroactively to any dispute that arose before the change. If you do not agree to any change, you must stop using the Service.
Arbitration and Medical Advice Disclaimer
This Agreement includes a mandatory individual arbitration and class action and jury trial waiver provision, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Agreeing to arbitration is an important decision that you should carefully consider.
BetterWellness365 is not a provider of medical advice. Before taking any action that may affect your health or safety or the health or safety of others, please consult a professional. In case of a medical emergency or if you are thinking about suicide or harming yourself or others, call 911 immediately and notify relevant authorities. The suicide hotline is 988 or 800-273-8255 if faced with an immediate or emergent crisis. There may also be other national, regional, and state resources available to you.
Please do not use the Virtual Visit Service while driving, as it requires you to be engaged in a text conversation with a provider.
By accepting this Agreement, you also agree to receive communications electronically, as further described below.
1. OUR SERVICE
This is a contract between you and BetterWellness365. You may use the Service only if you can form a binding contract with BetterWellness365, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. Except as expressly provided in Section 1.9 below, any use or access to the Service by anyone under the age of legal majority in the applicable jurisdiction is prohibited. You may only use the Service if BetterWellness365 has made the Service available in your country; any other use is prohibited. You must not use the Service if you were previously removed from the Service by BetterWellness365 . In addition to the foregoing, you represent and warrant that you are not a resident of (and will not use the Service in) a country that the U.S. government has embargoed for use of the Service, and that you are not named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations. You also agree that you must not use the Service to seek care for an issue or injury arising from a workers’ compensation claim.
Any use of the Service by a User that is not eligible under and according to these Terms of Service is prohibited, and we have no responsibility or liability for any such prohibited use.
1.2. No Medical Advice
ALL OF THE MATERIAL PROVIDED THROUGH THE SERVICE (except as provided by a Provider, as defined below, through the Virtual Visit Service), SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, SIMULATED VIRTUAL CONVERSATIONS, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. EVEN WHEN ASSESSMENTS ARE BASED ON CLINICAL PROTOCOLS, SUCH ASSESSMENTS DO NOT CONSTITUTE MEDICAL CARE, ADVICE OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. ADDITIONALLY, BetterWellness365 DOES NOT PROMISE ANY PARTICULAR RESULTS WITH REGARDS TO YOUR HEALTH IN CONNECTION WITH YOUR USE OF THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY PHONE NUMBER IMMEDIATELY. The Assessments may include reference to certain pharmaceuticals. These pharmaceuticals may not be available in all jurisdictions, and in some jurisdictions they may require a prescription or advice regarding the local brand name from an authorized health-care professional. BetterWellness365 does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Service. Reliance on any information provided through the Service, or by other members of the Service, is solely at your own risk. BetterWellness365 does not undertake any responsibility in relation to the quality of the medical advice or the manner in which it is provided by doctors or medical organizations. We recommend that you use reasonable discretion, and if you do not feel good or if you do not receive feedback within a reasonable time, we recommend that you contact your doctor directly.
1.3. Medical Advice through the Virtual Visit Service
Do not use the Virtual Visit Service if you are driving a motor vehicle. Do not use the Virtual Visit Service for emergency medical needs. If you experience a medical emergency, call your local emergency phone number immediately.
1.4. Providers and Virtual Visit Service
The Virtual Visit Service enables you to interact with physicians and other health
This is a consent form for using the Virtual Visit Service, a telehealth service that allows for remote medical care through electronic communication. By using this service, patients agree to have their medical information and data recorded, and to have their information discussed using electronic technology. Patients acknowledge that the interactions with providers via the Virtual Visit Service do not replace their in-person relationship with their regular healthcare providers. Patients also assume the risk of using telehealth services, including the possibility of technical failures, limited access to medical records, and breach of privacy of their health information. Patients understand that the service is not intended to replace a full medical evaluation or an in-person visit.