Last Updated: May 21, 2018
- GENERAL DESCRIPTION OF NATURE AND PURPOSE OF WEBSITE. The Website contains multiple Web pages that are hosted and operated by BeHealth Solutions The Website is designed to enable authorized parties to access and use BeHeatlth Solutions’ proprietary, web-based program known as SHUTi™. SHUTi™ is a self-help program for insomnia that is designed to be used in consultation with a physician or other appropriate health care professional. SHUTi™ is not intended to address other sleep disorders such as, by way of example and without limitation, sleep apnea or restless legs syndrome, and SHUTi™ is not intended to address any medical problem or mental health problem. You should always consult your physician about any sleep disorder, medical problem or mental health problem that you have, and determine its impact on insomnia and the appropriateness of your using SHUTi™. If you are thinking about suicide, or you feel that you may try to harm yourself or others, or if you have any other type of medical emergency, you should not rely on any information on this Website and should immediately seek appropriate emergency medical assistance, such as calling “911” or going to the nearest hospital Emergency Room.
- Documentation. The term “Documentation” means all documentation and information posted or available on the Website relating to the use, features and functionality of the Software and the Services (including all user guides and tutorials), as may be amended or updated from time to time, together with all other information relating to the Software and the Services provided, or made available, by BeHealth Solutions to User from time to time.
- Laws. The term “Laws” means all federal, state, county, municipal, local or other statutes, laws, regulations, rules, ordinances, orders and customs of any country, state or territory having jurisdiction over User’s access and use of the Website, the Software and the Services, including the United States.
- BeHealth Solutions Content. The term “BeHealth Solutions Content” means all information, data, text, images, sounds, graphics, video, and other materials (regardless of the format thereof) that can be accessed, viewed, downloaded, or printed by User at the Website or by using the Software or the Services.
- BeHealth Solutions Parties. The term “BeHealth Solutions Parties” means, collectively, (i) the owners, officers, directors, employees, consultants and contractors of BeHealth Solutions, and (ii) all vendors, providers, distributors, administrators, joint venture partners, and business partners of BeHealth Solutions, and all licensors to BeHealth Solutions, and their respective affiliates, owners, officers, directors, employees, consultants, contractors, agents.
- Services. The term “Services” means any and all services, features, tools, applications and programs that are available on the Website, or that can be accessed or utilized by the User using the Website or the Software.
- Software. The term “Software” means the proprietary and programmed system known as “SHUTiTM” with functionality that enables the delivery of an online, self-help program for insomnia. The Software, as may be amended or updated from time to time by BeHealth Solutions, may include certain integrated applications, software and technologies that are owned or licensed by BeHealth Solutions. The term “Software” includes all modifications, upgrades and new versions of the Software hereafter released by BeHealth Solutions.
- User. The term “User” means any individual that has created or been provided a User Account and is accessing and/or using the Website, the Software, or the Services.
- User Submissions. The term “User Submissions” means any information, materials, and content uploaded, posted, e-mailed, transmitted, distributed, submitted or otherwise made available by User via the Website or utilizing the Software and/or the Services.
- Subscription. The term “Subscription” means a purchase from BeHealth Solutions, or a grant by BeHealth Solutions, of the right for User to access and use the Website, the Software and the Services for a specific period of time.
- Website Features. The term “Website Features” means the Software, Services, and BeHealth Solutions Content available at the Website.
- MEDICAL DISCLAIMER. The WEBSITE AND WEBSITE FEATURES DO NOT CONSTITUTE medical evaluation, advice, diagnosis, CARE or treatment. Furthermore, the website and website features are not, nor are they designed to be, a substitute for medical evaluation, advice, diagnosis, CARE or treatment. BeHealth Solutions recommends that User ALWAYS SEEK THE ADVICE OF a physician or other health care professional for all medical and health-related matters. the website and the website features should only be used as an educational program that supports your care and the treatment rendered by your physician. we do not recommend self-management of health problems. You should never disregard medical advice or delay in seeking it because of something you have read here. BeHealth Solutions and the BeHealth Solutions Parties will not be liable for, and User waives any claim for, any personal injury, damage, and/or liability arising out of User’s use of or reliance on The WEBSITE AND WEBSITE FEATURES.
- USER REGISTRATION. Usage of the Software is restricted to citizens of the United States, Canada, New Zealand and Australia. You should not register for or use the Software unless you are a citizen of one of those countries and are residing in one of those countries. User must create a user account (a “User Account”) before accessing or using the Website or the Website Features, and provide all information that is required by BeHealth Solutions to complete the registration process (“Registration Information”). By completing the registration process or accessing and using the Website or the Website Features, User further represents and warrants to BeHealth Solutions that (a) User is over the age of eighteen (18) years; (b) is registering as a citizen and a resident of the United States, Canada, New Zealand or Australia; and (c) is not prohibited or barred under any applicable Law from accessing or using the Website or the Website Features.
- MODIFICATIONS. BeHealth Solutions reserves the right at any time, without notice to User, (a) to modify or upgrade the Software; (b) to modify or alter any BeHealth Solutions Content or Services; (c) to remove and delete any BeHealth Solutions Content, and (d) to suspend or discontinue (permanently or temporarily) any portion, tool, feature, or component of the Website and/or the Website Features. BeHealth Solutions shall not be liable to User for taking any of the foregoing actions described in this Section 8.
- PROHIBITED ACTS. User shall not:
- use the Software or the Services in any manner that is in violation of any applicable Laws or any rights of any third party (“Third Party Rights”)
- upload, post, e-mail, transmit, distribute, submit, or otherwise make available via the Website or utilizing the Software or the Services, any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding.
- upload, post, publish, transmit, reproduce, distribute or in any way use or exploit any BeHealth Solutions Content for professional or commercial purposes.
- attempt to gain access to the account of any Third-Party User, or any other account other than User’s User Account.
- copy, modify, create derivative works of the Software, or use modified versions of the Software not provided by BeHealth Solutions.
- decompile, disassemble, reverse engineer, or otherwise attempt to obtain the source code of the Software, or its structure, internal design, organization, algorithms, or encryption devices.
- sell, rent, publicly display, distribute, make available for public use, reproduce, duplicate, copy, trade, resell, or exploit for any commercial or professional purposes the Software, the Services, and any BeHealth Solutions Content, or any part or portion of any of the foregoing.
- attempt to access and use the Software or any of the Services by any means other than through the interface that is provided by BeHealth Solutions for use in accessing and using the Software and the Services.
- LINKS TO THIRD-PARTY SITES. Portions of the Website may provide hyperlinks, framing or other click-thru access to websites owned and operated by parties other than BeHealth Solutions (“Third-Party Sites”). BeHealth Solutions provides such links to Third-Party Sites solely as a convenience to User, and accepts no responsibility for, and expressly disclaims any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on, or contained in, any Third Party Site. User’s access and use of any Third Party Site is at User’s sole risk and will be governed solely by the terms and conditions, notices, policies and guidelines posted on such Third-Party Site. BeHealth Solutions encourages User to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site, prior to using, or providing any personal or financial information on such Third-Party Site.
- DISCLAIMER OF WARRANTIES. USER’S ACCESS AND USE OF THE WEBSITE AND THE WEBSITE FEATURES IS AT USER’S SOLE RISK. BEHEALTH SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES TO USER WITH RESPECT TO THE WEBSITE AND THE WEBSITE FEATURES. THE WEBSITE AND THE WEBSITE FEATURES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” BEHEALTH SOLUTIONS AND ALL BEHEALTH SOLUTIONS PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE WEBSITE AND THE WEBSITE FEATURES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCUARCY AND EFFORT IS WITH USER.
WITHOUT LIMITING THE FOREGOING EXCLUSIONS, BEHEALTH SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE AND THE SOFTWARE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, THE WEBSITE AND THE SOFTWARE) (i) CAN BE ACCESSED BY USER WITHOUT INTERRUPTION; (ii) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS; (iii) WILL BE DELIVERED TIMELY OR SECURELY; OR (iv) IS RELIABLE; (B) ANY BEHEALTH SOLUTIONS CONTENT IS ACCURATE, COMPLETE, OR RELIABLE OR CAN BE SAFELY DOWNLOADED TO USER’S COMPUTER HARDWARE, SYSTEMS, OR NETWORKS; OR (C) THAT THE WEBSITE AND WEBSITE FEATURES ARE DESIGNED TO MEET ALL OR ANY OF USER’S REQUIREMENTS.
THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE BEHEALTH SOLUSTIONS PARTIES FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE BEHEALTH SOLUTIONS PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE BEHEALTH SOLUTIONS OR BEHEALTH SOLUTIONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE WEBSITE ARE AT YOUR OWN RISK.
- TRADEMARKS AND PROPRIETARY NOTICES. All product names, trademarks, service marks, brands, design marks, slogans, logos, designs, trade dress and trade names posted or appearing on the Website, including but not limited to:
BeHealth Solutions may affix or display proprietary notices on the Website or within the Website Features, including copyright notices designated by BeHealth Solutions. User shall not remove, alter, obfuscate, or modify any such proprietary notices (including any copyright notices) from the Website or the Website Features.
- GENERAL PROVISIONS.
Consent to Receive Electronic Communications. User consents to receive Communications electronically from BeHealth Solutions via the e-mail address designated by User in User’s Account Information or by the posting by BeHealth Solutions of Communications on a section of the Website accessible by User. “Communications” are any notices, records, agreements or other guidelines, policies, or information relating to the Website or the Website Features, including any of the foregoing that BeHealth Solutions may be required to provide to User any applicable Law.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
By mail: Website Compliance Officer, BeHealth Solutions, Inc., 375 Greenbrier Drive, Suite 100, Charlottesville, VA 22901