Terms of Service
These terms and conditions (collectively, the "Terms") constitute a
legal agreement between you and BetterWayRx, LLC (“BWR”, "us", "our"
or "we"). In order to use BWR’s Services and the associated App you
must agree to these Terms. By using or receiving Our Service supplied
to you by us and the pharmacies participating in the Service offering,
and by downloading, installing or using any associated application
supplied by us to enable you to use the Service (the 'App'), you
hereby expressly acknowledge and agree to be bound by these Terms, and
any future amendments and additions to these Terms as published from
time to time on this web site (the "Site" or “Website”). These Terms
include our Privacy Policy, which is incorporated herein by reference.
We reserve the right to modify these Terms at any time, effective upon
posting of an updated version of these Terms on the Website or App.
You are responsible for regularly reviewing these Terms. Continued use
of Our Service after any such changes shall constitute your consent to
such changes.
IMPORTANT: PLEASE READ: WE DO NOT PROVIDE MEDICAL (TELEHEALTH), DENTAL
OR OTHER HEALTH RELATED SERVICES AND WE DO NOT PROVIDE INSURANCE OF
ANY TYPE. WE ONLY PROVIDE PRESCRIPTION DISCOUNTS AND PRICING
INFORMATION. YOU ARE RESPONSIBLE FOR ALL PAYMENTS TO PHARMACIES FROM
WHOM YOU RECEIVE PRESCRIPTION DISCOUNTS. WE DO NOT, AND DO NOT INTEND
TO, PROVIDE ANY MEDICAL (TELEHEALTH), DENTAL OR OTHER HEALTH RELATED
SERVICES. AS SUCH, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR
ANY PROVISION OR LACK OF PROVISION OF ANY SUCH SERVICES. Contact
Information: BetterWayRx, LLC 11501 Alterra Pkwy, #130 Austin, TX
78758 Phone Number:(800)-797-3137.
1. Acceptance of the Terms and Conditions These terms and conditions
(collectively, the 'Terms') constitute a legal agreement between you
and BWR, and govern your use of the BWR prescription discount card
(“Card”) and the related services we offer via our mobile application
(“App”) or the associated online website, https://betterwayrx.com
(“Website”) (collectively, the “Services”). By using the Services or
by clicking to ‘accept’ or ‘agree’ to the Terms when this option is
made available to you, you accept and agree to be bound by these Terms
and our Privacy Policy, found on our Website, incorporated herein by
reference. If you do not want to agree to these Terms or the Privacy
Policy, you must not access or use the Services. The Services are
offered and available to users who are 18 years of age or older and
reside in the United States or any of its territories or possessions.
By using the Services, you represent and warrant that you are of legal
age to form a binding contract with BWR and meet all of the foregoing
eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Services. THESE TERMS
CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES
THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES,
RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. No Medical Advice The Services offered by BWR are NOT intended to
diagnose or treat medical problems or conditions. If you have or
suspect that you have a medical problem or condition, please contact a
qualified health care professional immediately. If you are in the
United States and are experiencing a medical emergency, please call
911 or call for emergency medical help on the nearest telephone.
3. Modifications to these Terms We may update these Terms at any time
and may notify you of such updates by any reasonable means, including
by posting a notice of the updated Terms to the Website. You agree
that we may update these terms from time to time without notice, and
you agree to review these terms concurrent with your use of the
Services to identify any updates thereto. The last date of any updates
will appear at the top of these Terms. YOUR CONTINUED USE OF THE
SERVICE FOLLOWING ANY UPDATES TO THESE TERMS SHALL CONSTITUTE NOTICE
AND ACCEPTANCE OF THE UPDATED TERMS.
4. Our Services DISCOUNT ONLY - NOT INSURANCE. The Card is NOT a
health insurance policy and is not intended as a substitute for health
insurance. The Card allows you to obtain discounts on prescription
drugs and/or pharmaceutical products purchased through participating
pharmacies. The range of the discounts will vary depending on the
prescription drug or other product and the participating pharmacy. You
are required to pay for all prescription drugs at the time of
purchase. BWR does not make payments to any pharmacy or health care
provider. You may print or download a Card without registering with us
or creating an account. You may also have received a Card from a
third-party sponsoring organization, with or without having provided
that third-party with your name or other identifying information. If
you request to have a card emailed, texted, or mailed to your home
address, you will be required to provide us with your name, email
address, home address, and/or telephone number. The information that
you provide will be used as set forth in these Terms and our Privacy
Policy. Obtaining a Card or using the Services via the App requires
the download of the App from the Apple iTunes App Store or the Google
Play Store. Download of the App is subject to the applicable end user
license agreement. If you do NOT have health insurance, you can use
your Card for any brand name or generic prescriptions you or a
household member pays for out-of-pocket unless other restrictions
apply. The Card cannot be used with other prescription drug discount
cards. If you HAVE health insurance or any other funded benefit such
as Medicaid and Medicare, you can use your Card for certain
prescriptions that are not covered by your plan. The Card must be
presented with each prescription to a pharmacy that participates with
BWR to be eligible for the BWR discount. The price you pay the
pharmacy is always the lesser of the BWR discounted price or
pharmacy's retail price. If the pharmacy's retail price is less than
the BWR discounted price, there is no discount. Discounts are
available only at pharmacies that participate with BWR. All BWR
pricing and benefits are subject to change without notice.
5. Your Obligations You agree to use the Services only for lawful
purposes. You agree not to interrupt or attempt to interrupt the
operation of the Services in any way. Any conduct by you that, in our
sole discretion, restricts, inhibits, or interferes with the ability
of any other user to enjoy the Services(including by means of hacking
or defacing any portion of the Services, or by engaging in spamming,
flooding, or other disruptive activities, including with respect to
the servers or networks used to make the Services available) is
prohibited. You are strictly prohibited from communicating on or
through the Services any unlawful, harmful, offensive, threatening,
abusive, libelous, harassing, defamatory, vulgar, obscene, profane,
hateful, fraudulent, sexually explicit, racially, ethnically, or
otherwise objectionable material of any sort, including, but not
limited to, any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international law. We
reserve the right to terminate or suspend your use of (including any
access to) the Services, or parts of the Services, without notice, if
we believe, in our sole discretion, that it is in violation of these
terms, our requirements, or any applicable law, or it is harmful to
our interests or the interests, including intellectual property or
other rights, of another user or any other third party, including any
of our partners, affiliates, sponsors, providers, licensors, or
merchants., You must not post, transmit, or otherwise make available
through or in connection with the Services any virus or other computer
code, file, or program that is potentially harmful or invasive or
intended to damage or hijack the operation of, or to monitor the use
of, any hardware, software, or equipment You agree to provide true,
accurate, current, and complete information in connection with the
Services. It is your responsibility to maintain and promptly update
this information to keep it true, accurate, current, and complete. If
you provide any information that is fraudulent, untrue, inaccurate,
incomplete, or not current, or we have reasonable grounds to suspect
that such information is fraudulent, untrue, inaccurate, incomplete,
or not current, we reserve the right to refuse any and all current and
future use of the Services without notice. You must respond promptly
to all email and other correspondence from BWR, including without
limitation email and correspondence concerning complaints or concerns
regarding your use of the Services. You are responsible for obtaining,
maintaining, and paying for all hardware, software, and all
telecommunications and other services needed for you to use the
Services. If you have a complaint regarding the BWR Service, the App,
or any other service received by us, you may submit a complaint to us
in writing at the following address: [Address]. You may also submit a
complaint by sending an email to tab.bryan@betterwayrx.com, or by
calling our customer support line toll-free at (800)-797-3137. We will
investigate and determine the appropriate solution. All disputes that
cannot be appropriately resolved will be governed by the dispute
resolution provisions set forth herein.
6. Termination If you no longer agree to be bound by these Terms, or
breach any provision of these Terms, you may no longer uses the
Services, including any access thereto. Your use of the Services is at
your sole risk. If you are dissatisfied with the Services, its
content, or any of the terms, conditions, and policies of these Terms,
your sole and exclusive legal remedy is to discontinue use of the
Services. If your use of the Services is terminated for any reason,
then: (a) these terms will continue to apply and be binding upon you
in respect of your prior use of the Services (and any unauthorized
further use of the Services), including your indemnification
obligations; and (b) any rights or licenses granted to us under these
Terms will survive such termination.
7. Protected Health Information You acknowledge and agree that by
using the Card, information related to the prescriptions obtained
through the Card will be collected from pharmacies that participate
with BWR. Such information includes name identifiers, birth date,
gender, zip code information, and prescription information. You
acknowledge and agree that this information received by pharmacies
that participate with BWR and subsequently disclosed to BWR will be
used for the administration of the BWR prescription drug discount
program. BWR itself is not a Covered Entity under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”). However, some of
the information received from health care providers, health plans or
health care clearinghouses (collectively, “Covered Entities”) is
information that may constitute protected health information (“PHI”)
under HIPAA, which is information created or received by a health care
provider, health plan, or health care clearinghouse relating to the
past, present, or future physical or mental health or condition of an
individual, the provision of health care to an individual, or the
past, present, or future payment for the provision of health care to
an individual that identifies or can be used to identify an
individual. In accordance with BWR’s Business Associate obligations
under HIPAA to Covered Entities, BWR will keep confidential and
safeguard any PHI BWR receives or collects, and not disclose PHI
except as set forth herein.
8. Proprietary Rights No title, rights, or interests in any content or
other materials made available by the Services are afforded to you; to
the extent that you are authorized to download any such materials via
the Services, any such downloaded materials will be for your own
personal, non-commercial use only. BWR (and its suppliers and vendors)
owns the Services and all the content on the Services, including text,
graphics, legends, customized graphics, original photographs, data,
images, music, audio and video clips, typefaces, titles, button icons,
logos, designs, words or phrases, page headers, and software as well
as the design, coordination, arrangement, enhancement, and
presentation of such material. The Services and all the content on the
Services is subject to trademark, service mark, copyright, and/or
other intellectual property rights held by BWR and its suppliers and
vendors. Any trademark or copyright notices may not be deleted or
altered in any way. BWR’s trademarks and copyrights may not be used in
connection with any products or services that are not offered by or on
behalf of BWR, or in any manner that is likely to cause confusion or
otherwise violate our rights. You acknowledge that these rights are
valid and protected in all forms, media, and technologies existing now
or hereinafter developed. Copying, publishing, broadcasting,
re-broadcasting, webcasting, transmitting, modifying, deleting,
augmenting, distributing, downloading, storing, reproducing,
sublicensing, adapting, creating derivative works of any content
available through the Services, or posting or otherwise making
available such content (including selected portions of this content)
in any manner on any network computer, broadcast media, or other
technologies existing now or hereinafter developed for unauthorized
publication or commercial use without the prior written consent of BWR
is strictly prohibited. You hereby agree not to reproduce, duplicate,
copy, sell, resell, decompile, disassemble, or exploit for any purpose
other than for your personal, non-commercial use the Services
(including any portion thereof) or the use (including any access to)
thereof, or to collect any information about Website visitors or users
of the Services, or otherwise systematically download and store the
Services content. You represent, warrant, and agree that you will not
send, submit, upload, post, reproduce, transmit, or distribute any
communication, content, or other Materials of any type through or in
connection with the Services or otherwise to BWR that infringes or
violates any rights of any party or violates these terms. The use of
logos or trademarks on the Services that belong to any third parties
should not be construed as an affiliation, endorsement, or sponsorship
of the Services.
9. Social Media The Website may include opportunities to view
information and communicate with us through social media services such
as LinkedIn®, Twitter®, Facebook®, and blogging. You should use common
sense and good judgment in communicating with us through these
services. We are not responsible for the terms of use and privacy
policies that govern these third-party sites.
10. Linked Websites Our Website may contain hyperlinks allowing you to
connect to other websites owned by affiliated companies and websites
owned by our third-party vendors, distributors, and providers ('Linked
Sites'). You may also access our Website through a hyperlink embedded
in a Linked Site. We provide hyperlinks to the Linked Sites to enable
you to conveniently access websites that may be of interest to you.
Please note that once you click on a hyperlink that transfers you from
our Website to a Linked Site, you have left our Website, and these
terms will immediately cease to apply to any subsequent activity on
the Linked Site. We are under no obligation to notify you when you
have left our Website and have accessed a Linked Site. Use of any
Linked Site will be governed by the privacy policy, terms of use,
and/or other policies (if any) on the Linked Site.
11. Messaging Terms & Conditions BWR or one or more of its affiliates
offers access to pharmacy and other related messages via periodic
automated SMS (Short Message Service), MMS (Multimedia Message
Service) text alerts and email alerts. Enrollment in text alerts
requires you to provide your own mobile phone number with an area code
within the United States. Enrollment in email alerts requires you to
provide an email address. By enrolling to receive BWR text or email
alerts, you agree to these Terms, which become effective upon your
enrollment. You may be asked to verify your mobile phone number before
the alerts will start. This requires responding to a text alert sent
to your mobile phone confirming your enrollment. You are not required
to agree to such messages as a condition of purchasing any goods or
services from BWR. You acknowledge that periodic automated alerts will
be sent to the mobile phone number or email address you provide to
BWR. Such alerts may include personal information about your
prescriptions based on the type of information you choose to receive
via electronic communication, and whoever has access to the mobile
phone or carrier account or email address will also be able to see
this information. You acknowledge that if you elect to receive
Protected Health Information as defined in HIPAA in the form of full
prescription information via text alerts or email alerts, you are (i)
electing to receive such information through an unencrypted method of
communication, and that (ii) information contained in an unencrypted
email and/or text message is at risk of being intercepted and read by,
or disclosed to, unauthorized third parties. Once you enroll, the
frequency of text or email alerts we send to you will vary. You will
typically receive alerts when we have information for you about your
prescriptions or other healthcare information. BWR does not impose a
separate charge for text alerts; however, your mobile carrier’s
message and data rates may apply depending on the terms and conditions
of your mobile phone contract. You are solely responsible for all
message and data charges that you incur. Please contact your mobile
service provider about such charges. You may opt out of BWR text or
email alerts at any time. To stop receiving email alerts, click the
“Unsubscribe” link found at the bottom of the email alert or send an
email to tab.bryan@betterwayrx.com and request to be opted-out of
future email alerts. To stop receiving text alerts, text STOP to the
number from which you are receiving text alerts, or you may opt out
using other reasonable means. Texting STOP to the number from which
you are receiving BWR alerts will opt you out of any and all future
BWR text messages. After you submit a request to unsubscribe, you will
receive one final text alert from BWR confirming that you will no
longer receive text alerts. No additional text alerts will be sent
unless you reactivate your enrollment in the text alert program. The
BWR text alert programs are offered on an “as is” basis and: (1) may
not be available in all areas at all times; and (2) may not continue
to work in the event of product, software, coverage or other service
changes made by your wireless carrier. BWR may change or discontinue
any of its text alert programs without notice or liability to you. BWR
and its related companies and each of their respective officers,
directors and employees are not responsible and shall not be liable
for any losses or injuries of any kind resulting, directly or
indirectly, from any BWR text alert program or from technical failures
or delays of any kind. BWR reserves the right to cease delivery of
text alerts to any person at any time in its sole discretion. If you
are experiencing issues with the text program you can reply with the
keyword HELP for more assistance, or you can get help by emailing
[tab.bryan@betterwayrx.com] or by calling Customer Service toll free
at (800)-797-3137.
12. Disclaimer of Warranties The discount information and content
posted on the Website and App is for informational purposes only and
is subject to change at any time without notice. BWR uses its best
effort to provide timely and accurate data, but BWR cannot guarantee
the accuracy of such information and recommends checking with the
pharmacy directly to confirm the discounts presented on the Website
and App before making any final purchasing decision. BWR cannot
guarantee that discounts on the Website and App will be below a
pharmacy’s usual and customary pricing for drugs. BWR makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of the Website and App in terms of
its correctness, accuracy, reliability or otherwise. YOU ASSUME ALL
RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE AND APP,
INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP
EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS,
AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In
addition, we are not obligated to provide any maintenance, technical
or other support for the Website or App. We reserve the sole right to
either modify or discontinue the Website and App, at any time with or
without notice to you. We will not be liable to you or any third party
should we exercise such right. Any new features that augment or
enhance the then-current Website and App shall also be subject to
these Terms. THE SERVICES, WEBSITE, AND APP ARE PROVIDED "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, NEITHER BWR NOR OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS,
OFFICERS, OR AGENTS (COLLECTIVELY, THE "BWR PARTIES") MAKE ANY
REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, AS TO:
(A) THE WEBSITE, APP, THE PROGRAM, OR THE SERVICES;
(B) BWR MATERIALS, INCLUDING THE APP AND WEBSITE;
(C) SERVICES CONTENT;
(D) THIRD-PARTY CONTENT; OR
(E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BWR OR
VIA THE SERVICES.
IN ADDITION, THE BWR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM
FROM COMPUTER VIRUS. BWR DOES NOT PROVIDE MEDICAL, DIETARY, OR
NUTRITION SERVICES. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE
FOR PROFESSIONAL MEDICAL, DIETARY, OR NUTRITION ADVICE, DIAGNOSIS, OR
TREATMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES. THE WEBSITE,
AND THE APP IS AT YOUR SOLE RISK. THE BWR PARTIES DO NOT WARRANT THAT
YOUR USE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BWR PARTIES
SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO
NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW
IS APPLICABLE TO YOU AND THESE TERMS.THE BWR PARTIES DO NOT ENDORSE
CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO
ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR
OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY
CONTENT.
13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT SHALL BWR OR ITS SUPPLIERS OR VENDORS, OR
ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS,
AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS
(COLLECTIVELY, “BWR PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS
OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY
LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SERVICES,
WITH THE DELAY OR INABILITY TO USE THE SERVICES, ANY DEFECTS IN THE
SERVICES, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY
INFORMATION, FEATURES, PRODUCTS, MATERIALS, OR OTHER RESOURCES
AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE BWR PARTIES FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $25.00.
14. Indemnification BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY,
DEFEND, AND HOLD BWR HARMLESS FROM AND AGAINST ANY AND ALL CHARGES,
CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING
ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM ANY CLAIM,
COMPLAINT, ALLEGATION, LAWSUIT OR DEMAND ARISING OUT OF OR RELATING IN
ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE SERVICES; (B) YOUR
VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF THE RIGHTS OF ANOTHER,
INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT,
PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (D) YOUR
VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES,
REGULATIONS, INCLUDING WITHOUT LIMITATION, ALL REGULATORY,
ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES.
15. Notices All notices to a party shall be in writing and shall be
made either via email or U.S Mail. Notices to us must be sent to the
[tab.bryan@betterwayrx.com] if by email, or at
BetterWayRx LLC, 11501 Alterra Pkwy, #130 Austin, TX 78758 if
by U.S. Mail. Notices to you may be sent to the email or home address
supplied by you (when applicable). In addition, we may broadcast
notices or messages through the Website or App to inform you of
changes to the Services or other matters of importance, and such
broadcasts shall constitute notice to you at the time of sending.
16. Governing Law These Terms, your use of the Services, all
transactions through the Services, and all related matters, regardless
of your location, are governed solely by, and construed solely in
accordance with, the laws of the United States (including federal
arbitration law) and the State of Texas.
17. Dispute Resolution ALL DISPUTES ARISING OUT OF OR RELATED TO THESE
TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND,
AND BWR OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED
IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER
LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY
AND YOU AGREE THAT BWR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY
A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE
PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE
NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO
PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration
Association (“AAA”) under its Consumer Arbitration Rules, as amended
by these terms. The arbitrator will conduct hearings, if any, by
teleconference or videoconference, rather than by personal
appearances, unless the arbitrator determines upon request by you or
by us that an in-person hearing is appropriate. Any in-person
appearances will be held in Beaumont, Texas. The arbitrator’s decision
will follow the terms of these terms and will be final and binding.
The arbitrator will have authority to award temporary, interim, or
permanent injunctive relief, or relief providing for specific
performance of these terms, but only to the extent necessary to
provide relief warranted by the individual claim before the
arbitrator. The award rendered by the arbitrator may be confirmed and
enforced in any court having jurisdiction thereof. With the exception
of any of the language above in this Dispute Resolution provision
relating to the waiver of class and representative actions, if a court
decides that any part of this Dispute Resolution provision is invalid
or unenforceable, the other parts of this Dispute Resolution provision
shall still apply. If a court decides that any aspect of the language
above in this Dispute Resolution provision relating to the waiver of
class and representative actions is invalid or unenforceable, then the
entirety of this Dispute Resolution provision shall be null and void.
The remainder of these terms will continue to apply and be unaffected
by this severability provision.
18. Copyright Infringement Claims: Notice and Take-Down Procedures The
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials available on the Services
infringe your rights under U.S. copyright law, you (or your agent) may
send to BWR a written notice by mail, e-mail, or fax, requesting that
BWR remove such material or block access to it. If you believe in good
faith that someone has wrongly filed a notice of copyright
infringement against you, the DMCA permits you to send to BWR a
counter-notice. Notices and counter-notices must be sent in writing
and meet the then-current statutory requirements imposed by the DMCA
(see www.copyright.gov or details), which, with respect to notices of
infringement, currently include, among other requirements, the
following
(a) sufficient information identifying the copyrighted work(s)
believed to be infringed
(b), sufficient information identifying the allegedly infringing
material(s) and the location of such material(s) in order to permit
BWR to locate such material(s),
(c) a statement from the owner (or the owner’s authorized
representative) of the copyrighted work(s) believed to be infringed
that such owner or authorized representative has a good faith belief
that the allegedly infringing materials are used in a manner not
authorized by the copyright owner, its agent, or the law,
(d) contact information for the complaining party, including a mailing
address, a telephone number, and, if available, an email address,
(e) a statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is
authorized to act on the copyright owner’s behalf, and
(f) a signature or the electronic equivalent from the owner (or the
owner’s authorized representative) of the copyrighted work(s) believed
to be infringed.
19. Miscellaneous In addition to the rights and privileges described
in the terms, conditions, and policies outlined above, we further
reserve the right to elect to electronically monitor area of the
Services and may disclose any content, records, or electronic
communication of any kind if required to do so by any law, regulation,
or government request, if we believe that such disclosure is necessary
or appropriate to operate the Services, or to protect our rights or
property, or the rights of the users, partners, affiliates, sponsors,
providers, licensors, or merchants. If alerted to allegedly
infringing, defamatory, damaging, illegal, or offensive content, we
may investigate the allegation and determine in our sole discretion
whether to remove or request the removal of such content from the
Services. We control the Services from our corporate offices within
the United States of America, and the Services are not intended to
subject BWR to any non-U.S. jurisdiction or law. By using (including
any access to) the Services you agree that such use (including any
such access) is subject to the terms, conditions, and policies of
these Terms as well as applicable laws. The Services may not comply
with legal requirements of foreign countries. Other countries may have
laws, regulatory requirements, and medical practices that differ from
those in the United States of America. Any portion of the Services is
void where and to the extent prohibited by law, and you may not use
the Services where it would be illegal to do so. We may limit the
availability of the Services at any time, in whole or in part, to any
person, geographic area, or jurisdiction that we choose. Our failure
to insist upon strict performance of any provision of these Terms
shall not be construed as an implicit waiver of any provision or
right. If any part of these Terms is ruled to be unenforceable, then
such part shall be severed, with the remainder of these terms
remaining in full force and effect. These Terms constitutes the entire
agreement between you and BWR governing your use of the Services
(inclusive of the other policies referenced in these terms). You may
not assign, transfer, or sublicense any or all of your rights or
obligations under these terms without our express prior written
consent. We may assign, transfer, or sublicense any or all of our
rights or obligations under these terms without restriction. The
Parties agree that they must initiate arbitration within one (1) year
after any Dispute arose; otherwise, the disputing Party's Dispute is
permanently barred. A lawsuit, if any, between you and BWR that is
permissible under this Arbitration Agreement will occur in state or
federal court in Beaumont, Texas. You and BWR agree that the
jurisdiction and venue of these courts is exclusive. This Agreement
and any Dispute between you and BWR will be governed by the laws of
the State of Texas and applicable United States law, exclusive of
conflict or choice of law rules.