Terms of Use

By clicking the button indicating that you agree to the Terms of Use, by creating a user account, or by using the software accessible on this website, you agree to these Terms of Use. These Terms of Use constitute a binding legal agreement between you (“you”) and BonTriage, Inc. (“BonTriage” or "we" or "us") and govern your access to and use of this BonTriage website, the software accessible on it, the functions, features, and other services made available by the software (collectively, the “Services”), and the information, reports, and other content made available by the Services (collectively, the "Content"). These Terms of Use apply to all users of this website, the software accessible on it, or the Services (the "Users").

1. CERTAIN IMPORTANT TERMS

Your use of the Services will likely result in the generation by our software of a report based on information that you supplied to us.

1.1 Caution

The report DOES NOT contain a diagnosis or advice and is not a substitute for evaluation and advice by a physician. Any statement in the report that there are no "red flags" does NOT mean that there is no need to consult a physician or that there is no problem. The report should not be interpreted or relied upon as a diagnosis or recommendation of any particular treatment or to forego treatment. You should seek and obtain the advice of your physician with any questions or concerns you may have regarding your medical or health condition. Do not delay seeking or disregard professional medical advice based on the report.

Our software is not designed or intended to determine whether or not you are suffering from a physical or mental disorder, to reach any conclusion regarding your physical or mental condition, or to replace a physician. We do not make, and hereby disclaim, any guaranty, representation, or warranty whatsoever, whether express or implied, regarding the software or the report, including but not limited to any warranty that the report meets any standards of any governmental authority or private insurer for any purpose, including but not limited to provision of or billing for health care services. You agree that we shall not be liable for any consequential damages and that our maximum liability with respect to any defect in the software or any report is limited to $100. You further agree to waive and release from liability and indemnify and hold harmless us and our directors, officers, managers, employees, and agents against and from all claims, causes of action, suits, and damages of any kind arising out of or relating to the report or your or your health professional's use or misuse of it, including but not limited to any decision to forego professional medical care or for any particular treatment or no treatment or to bill any governmental or private insurer at any particular rate for any service.

1.2 Use of Information

You consent to (i) our receipt and storage of the information, including personal health information, that you provide us through use of this website; (ii) our use of software on such information to produce reports of any kind for you; (iii) our disclosure of such information and/or reports to your physician or other health care provider; (iv) our use of such information and/or reports to create de-identified health information (by removing personally identifying information); and (v) our use and disclosure of such information and/or reports for any other purpose that federal law (HIPAA's Privacy Rule) permits without specific authorization of an individual. In particular, you consent to our aggregation of de-identified health information from many patients (including you) and our use, disclosure, license, and/or sale of such de-identified aggregated data for any purpose, including but not limited to research or analysis, by us or others, alone or in combination with other data, to identify, develop, or evaluate local, regional, or national health problems, needs, products, or services. You agree that we shall be the exclusive owner of any such compilation of de-identified aggregated data, and you assign any rights you may have in any such compilation to us.

2. PRIVACY POLICY

Information that you provide or that BonTriage collects about you in connection with your access to and use of the Services is subject to our Privacy Policy, which is also available on this website. The terms of our Privacy Policy are a part of these Terms of Use and are hereby incorporated by reference. By agreeing to these Terms of Use, you also agree to our Privacy Policy. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. You are solely responsible for any sharing of your health information that you intentionally or unintentionally communicate to others.

3. UPDATES AND CHANGES TO THESE TERMS OF USE

BonTriage reserves the right to make any updates or other changes to these Terms of Use at any time, without prior notice to you. All such updates and changes shall be effective as to you immediately upon first notice to you, which we may give you by any means, including by posting a revised version of the Terms of Use on this website, or by notice in the Services, or by sending you a copy of the revised Terms of Use by email. You should review these Terms of Use often to stay informed of changes that may affect you. Your continued use of the Services signifies your continuing consent to be bound by these Terms of Use. All updates and changes shall only apply prospectively, not retroactively; no update or change shall apply to any dispute, controversy or claim pending or in progress at, or arising before or out of events occurring before, the time of the update or change, or alter any provisions with respect to a matter occurring prior to the time of the update or change.

4. ELIGIBILITY, REGISTRATION, AND ACCOUNT MAINTENANCE

4.1 Eligibility

To be eligible to register for and use any of the Services, you must, and you hereby do, represent and warrant that: (i) you are eighteen (18) years of age or older; (ii) you are not a competitor or acting for the benefit of a competitor of BonTriage; and (iii) your use of the Services is and will not be contrary to any applicable law.

4.2 Setting Up An Account

To access and use certain features and functions of the Services, you must have a user account. You may only register for one user account. You agree to provide accurate, current and complete information about you as may be prompted by any registration forms in the Services (“Registration Data”).

4.3 Maintenance of Your Account

You agree to (A) maintain and promptly update your Registration Data; (B) receive communications from us electronically; (C) maintain the confidentiality of your user password; (d) notify us immediately if you learn that the confidentiality of your password has been compromised; and (e) be fully responsible for all use of your account and for any actions that take place using your account and your password. It is your responsibility to prevent disclosure of your password and to change your password if you believe that its confidentiality has been compromised. You agree that BonTriage will not be liable for any loss or damage arising from any unauthorized access or use of your password or account.

5. FURTHER TERMS

5.1 Accuracy of User Information

You warrant and agree that all information that you provide to BonTriage in connection with your access to and use of the Services is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief.

5.2 Certain Restrictions on Use

You agree that while accessing or using the Services you will not:

5.3 Compliance with Law

In connection with your access to the Services, you agree to comply with all applicable laws, regulations and policies of all relevant jurisdictions.

5.4 Links to Third Party Websites

This website may contain links to websites operated by other parties. These links are provided for your convenience only, and are not intended as an endorsement by BonTriage of any information that may be found on such third party websites. BonTriage does not make any guarantee, warranty, or representation regarding any third party websites, their manner of operation, or any information thereon.

5.5 Use of Internet

You recognize that when using our Services, information will be transmitted over the internet, a medium that is beyond our control. You assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of our Services. You are solely responsible for all telecommunication or Internet connections required to access the Services, as well as all hardware and software at your site.

6. INTELLECTUAL PROPERTY MATTERS

6.1 License to Use the Services

Subject to all terms and conditions of these Terms of Use, BonTriage grants you, during the Term, a limited, royalty-free, nonexclusive, non-transferable, non-sublicenseable right to access the Services solely for you to present the resulting report to your physician for consideration and further evaluation.

6.2 Certain Use Restrictions

You agree that you shall not yourself or through any third party: (i) use the Services to act as a service bureau; (ii) copy or reproduce the Services; (iii) license, sublicense, sell, resell, market, lease, loan, rent, transfer, assign, distribute, disclose, or make accessible to any third party or otherwise commercially exploit the Services or grant any right to access or use the Services to any third party; (iv) modify or improve the Services or make derivative works based upon the Services; (v) decompile, disassemble, or reverse engineer any object code that is part of the Services or attempt to reverse engineer, reconstruct, identify, or discover any source code of the Services, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein; (vi) remove any product identification, trademark, copyright, patent, or other notices or markings contained in, displayed by, or provided with the Services; or (vii) access or use the Services in order to build any Services, product, or service that is competitive or similar to the Services or any portion thereof.

6.3 Title

The Services contain material that is protected by United States intellectual property laws, including copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to you under these Terms of Use are reserved by BonTriage and its licensors. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Services and Content shall remain the sole and exclusive property of BonTriage or its licensors, as applicable, and these Terms of Use grant you no title or rights of ownership in the Services, Content or any subsets or components thereof.

7. WARRANTY AND DISCLAIMERS

7.1 Limited Warranty

BonTriage represents and warrants that the Services and the Content were not designed and are not made available with the intent to harm the health or property of any user.

7.2 WARRANTY DISCLAIMER

Except as expressly set forth in Section 7.1 (Limited Warranty), the Services and Content are supplied “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” and without warranty of any kind. Except as expressly set forth in Section 7.1 (Limited Warranty), BonTriage does not make and hereby disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title, and non-infringement. BonTriage does not warrant that the Services or Content will meet your requirements or be error-free, or that defects in the Services or Content will be corrected.

7.3 NOT A SUBSTITUTE FOR MEDICAL ADVICE

The Services and the Content are designed and intended for consideration by a physician and are not a substitute for the professional judgment of a physician in diagnosing and treating patients. BonTriage assumes no liability, warranty, or responsibility whatsoever with respect to the use of the Services or the Content by you or by any health care provider in connection with diagnosis or treatment of you or any patient. In providing the Services and the Content, no recommendations are given or implied by BonTriage as to diagnosis or treatment of you or any other individual. The Services do not provide a plan for the treatment of a patient and do not constitute medical advice.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BonTriage and its owners, directors, officers, employees, agents, and representatives from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including without limitation attorneys’ fees, experts’ fees and court costs, arising out of your breach of these Terms of Use and/or your use of the Services or any Content. BonTriage agrees to give you prompt written notice of an indemnified claim. You agree not to enter into any stipulated judgment or settlement that purports to bind BonTriage without our express written authorizations, which shall not be unreasonably withheld or delayed.

9. LIMITATION OF LIABILITY

In no event shall BonTriage be liable to you or any third party for any special, indirect, incidental, or consequential damages (including without limitation damages for loss of business, loss of profits, business interruption, or loss of data) arising out of or connected in any way with these Terms of Use, the Services, or any Content, even if BonTriage was advised of the possibility of such damages. The total liability of BonTriage for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) shall not exceed $100.

10. TERM AND TERMINATION

10.1 Term

These Terms of Use shall be effective between you and BonTriage as of the date that you indicated agreement with these Terms of Use as described in the preamble, and shall remain in effect and continue until terminated as set forth below (the “Term”).

10.2 Termination

You may terminate these Terms of Use as between you and us at any time, at your sole discretion, by deleting your user account and ceasing all use of the Services and Content. BonTriage may terminate these Terms of Use as between you and us at any time, at our sole discretion, by deleting your user account or by giving you notice of such termination. Upon termination under this Section, (i) all rights granted to you under these Terms of Use shall cease, and (ii) you shall immediately cease access to and use of the Services. The following Sections shall survive expiration or termination of this Agreement: 1.1 (Caution), 1.2 (Use of Information), 6.3 (Title), 7.2 (Warranty Disclaimer), 7.3 (Not A Substitute For Medical Advice), 8 (Indemnification), 9 (Limitation of Liability), 10.2 (Termination), 11 (General), and any other provision that reasonably should be expected to remain in effect after termination of this Agreement.

10.3 Suspension

BonTriage may suspend your access to the Services or any part thereof at any time, at our sole discretion, without notice or liability.

11. GENERAL

11.1 Notice

All notices, demands, or consents given under these Terms of Use shall be in writing and may be given by email.

11.2 Assignment

You may not assign any of your rights or interest under these Terms of Use without our written consent. We may assign any or all of our rights and interests under these Terms of Use without your consent.

11.3 Governing Law

These Terms of Use and their validity, construction, and performance shall be governed by and construed in accordance with the laws of the State of Delaware, excluding that body of law applicable to choice of law.

11.4 ARBITRATION

You and BonTriage hereby agree that all disputes, controversies, and claims arising under, relating to, or in connection with these Terms of Use or the Services, the Content, or this BonTriage website or between you and us (or any of our owners, directors, officers, employees, agents, or representatives) shall be resolved exclusively by confidential, final, and binding arbitration in Wilmington, Delaware in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that all class action and representative claims and procedures are waived and precluded, no dispute, controversy, or claim shall be arbitrated on a class or representative basis, and the arbitrator(s) shall have no authority to entertain class or representative actions or grant class relief. Any arbitral award, order, or judgment may be entered and enforced in any court of competent jurisdiction.

11.5 Severability

If any provision of this Agreement or the application of any such provision shall be held by a tribunal or court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect.

11.6 Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and BonTriage in connection with their subject matter, and there are no warranties, representations, or agreements between you and us in connection with the subject matter hereof except as specifically set forth in these Terms of Use and the Privacy Policy.

Except as explicitly noted on this site, the services available through this site are offered by BonTriage, Inc. located at 3723 Haven Ave, Menlo Park, CA 94025. Our telephone number is (650) 687-7160. If you notice that any user is violating these Terms of Use, please contact us at info@bontriage.com.