Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Updated May 29, 2018
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 12 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
- 1. No Medical Advice. The Site does not provide medical advice. The contents of the Site, such as text, graphics, images, information obtained from our licensors and other Site users, and other material contained on the Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We are not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, treatments, medications, physicians, providers, products, services, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, advertisers, others appearing on the Site at the invitation of us, or other visitors to the Site, is solely at your own risk. The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site.
- 2. Eligibility. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
- 3. Your Acceptance of the Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and us with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arise prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
- 4. Your Affirmative Representations. When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Site and your use of services available on the Site do not violate any applicable law or regulation; (d) you are at least eighteen (18) years of age or older; and (e) you will comply with the rules for on-line conduct, as discussed in Section 6 below.
- 5. Rules Governing Site Content and Use; Your Representations and Warranties.
The Site may enable you to access information, including news and articles, about general health conditions and treatments. When you use the Site, you represent and warrant that you: (a) understand that we do not make any representation or warranty regarding the qualifications, caliber or suitability of any health care provider listed on the Site to provide the services you are seeking; (b) understand that we do not provide any type of health care or medical advice, treatments or services; (c) understand that your decision to contact, seek out or obtain services of any type, including, but not limited to medical or health care services, from any person, entity or facility listed or discussed on this Site is solely your decision and should be based exclusively on your own research into that particular person, entity or facility and NOT on information obtained from this Site or from anyone who posts information to this Site; (d) understand that the information posted to this Site by other users may not be accurate and could be influenced by a number of things, including personal bias, personal relationship with a particular provider, or other factors which may undermine the objectivity and trustworthiness of the information or opinion posted to this Site; (e) will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent; (f) will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (g) will not interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.
In the event the Site contains functionality (such as blogs, message boards, questions and answers, quizzes, user reviews of drug information, etc.) that allows users to upload content to the Site (collectively, “Public Areas”), you agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any individual, group or entity. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to us by email (including through the email addresses listed on the “Contact Us” page) or otherwise, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to us, a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.
- 7. Our Intellectual Property Rights. All of the Content on this Site and the trademarks, service marks, and logos contained on this Site (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to this Site and the Content. You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that: (a) prevent or restrict use or copying of any Content, or (b) enforce limitations on use of this Site or the Content on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
- 8. Our Management of the Site/User Misconduct.
- A. Our Site Management. We may, but are not required to: (a) monitor this Site for violations of the Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates the Agreement; and/or (c) manage this Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site.
- B. Our Right to Terminate Users. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Agreement, or of any applicable law or regulation.
- C. Our Right to Temporarily or Permanently Disable and/or Dismantle the Site. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, disable and/or dismantle some or all of the Site, temporarily or permanently for any reason or for no reason at all.
- D. Risk of Harm. Please note that there are risks, including but not limited to the risk of harm, of relying on or recommending incorrect information on this Site. You should not rely on this information as a substitute for professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health or any Content on the Site, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. You also assume all risks associated with dealing with providers with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site.
- 9. Term and Survival. The Agreement shall remain in full force and effect while you use this Site. Upon termination of your User Account, if applicable, for any reason, you may no longer be able to retrieve materials contained in the account. All obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Agreement shall survive and remain in effect after such happening, including without limitation sections 12-17.
- 10. Advertisements, Searches, and Links. We may provide links to third party websites. We do not recommend and do not endorse the content on any third party websites. We are not responsible for the content of linked third party sites, sites framed within the Site, third party sites provided as search results, or third party offers or advertisements on the Site or linked to from the Site (including but not limited to the statements, representations, recommendations, and/or claims made on such third party sites, offers or advertisements), and do not make any representations regarding their content or accuracy. Your use of third party websites and participation in third party offers or advertisements, including but not limited to the purchase terms, payment terms, warranties, guaranties, maintenance and delivery terms relating to such transactions, is at your own risk and subject to the terms and conditions of use for such sites, offers or advertisements. We do not endorse any provider, product, service, treatment, medication, procedure, offer, or website advertised on the Site.
- 11. Disputes Between You and any Provider. You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any product or services provider listed on the Site or about whom or which, as the case may be, any user posts information or authorizes the Site to post information. You agree to hold us harmless in the event you suffer any adverse consequences, including medical or financial damages or liability, as a result of any interaction you may have with any person, entity or facility about whom or which, as the case may be, you found information on this Site.
- 12. Arbitration Agreement and Class Action Waiver.
- A. Scope of Arbitration Agreement and Class Action Waiver.
You agree that, by entering into the Agreement, we and you agree to arbitrate all disputes and claims that arise out of the Agreement, except as otherwise set forth herein. Therefore, you agree that, by entering into the Agreement, we and you, and any of our respective successors and/or assigns, are each waiving the right to a trial by jury or to participate in a class action or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Site users or other persons similarly situated.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to the Site, any products and/or services that you may apply for or obtain through the Site, the Content, telemarketing or other marketing activities conducted by us or on our behalf, or by us on behalf of third parties, and/or the Agreement;
- claims arising out of or relating to any aspect of this relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and
- claims relating hereto that may arise after the termination of the Agreement.
- B. Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision shall further specifically exclude any dispute over the validity of any party’s intellectual property rights.
- C. Arbitration Procedure.
A party who intends to seek arbitration must first send to the other, by certified mail, a written demand (“Demand”). The Demand to us should be addressed to: Legal Dept., 600 West Hillsboro Avenue, Suite 300, Deerfield Beach, FL 33441 (“Demand Address”). The Demand must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we and you do not reach an agreement to resolve the Demand within 30 days after the Demand is received, we or you may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the address above. The arbitration shall take place in Broward County, Florida.
The arbitrator is bound by the terms of the Agreement.
All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of this arbitration provision, which are for a court of law to decide.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Unless both we and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case, except to enforce the award.
- D. Arbitration Fees. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).
- E. Injunctive Relief. Notwithstanding the arbitration provision herein, we may seek injunctive relief for any violation of our intellectual property or other proprietary rights.
- F. One Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUE ANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
- G. Survival of Arbitration Agreement and Class Action Waiver. This section will survive termination of the Agreement.
- H. Governing Law. All issues concerning the construction, validity and enforcement of the Agreement, or the rights and obligations of the parties, shall be construed and governed by the laws of the State of Florida, without regard to conflicts of law rules.
- I. Survival. If a court decides that any part of the Arbitration Agreement and Class Action Waiver provisions is invalid or unenforceable, the other parts of the Arbitration Agreement and Class Action Waiver provisions shall still apply.
- A. Scope of Arbitration Agreement and Class Action Waiver.
- 13. Disclaimers.
THE SITE AND ALL INFORMATION PROVIDED ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. INFORMATION ON THE SITE MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT OR CONTRIBUTIONS, (B) PERSONAL INJURY OR HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE, OUR LICENSORS, AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCY, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE OR THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS, PRODUCT DESCRIPTIONS OR SPECIFICATIONS,OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
Commentary and other materials posted on the Site, if applicable, are not intended to amount to advice on which reliance should be placed. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Site or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
- 14. Limited Liability.
IN NO EVENT SHALL WE, OUR OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, OR ANY OTHER CONTENT THEREIN OR OF ANY WEBSITE, PRODUCT, OR SERVICE, REFERENCED OR LINKED TO OR FROM THIS SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THE SITE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US OR TWENTY FIVE DOLLARS ($25.00), WHICHEVER IS GREATER. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
- 15. Indemnity. You agree to indemnify, defend and hold us, our parents, subsidiaries, affiliates, licensors, and suppliers, and our/their respective members, officers, directors, agents, partners, and employees, harmless from any loss, liability, expense, claim, or demand, including reasonable attorneys’ fees, due to or arising out of: (a) your use of this Site or Content in violation of the Agreement, (b) a breach of the Agreement, including but not limited to any breach of your representations and warranties set forth above, (c) any dispute you may have with another user on the Site or any provider, and/or (d) your violation of any right of another individual and/or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
- 16. Miscellaneous.
- A. Entire Agreement. The Agreement constitutes the entire and only agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
- B. Relationship of the Parties. Nothing in the Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
- C. No Third Party Beneficiaries. The Agreement is between you and us. There are no third party beneficiaries to the Agreement.
- D. Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
- E. Non-Waiver. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision.
- F. Severability. The Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of the Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
- G. Assignment. You may not assign your rights under the Agreement to any third party; we may assign our rights under the Agreement without condition.
- H. No Modification. No written or oral modification to the Agreement shall be binding upon us unless it is signed in writing by one of our officers.
- 17. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at info[email protected] or 600 W. Hillsboro Blvd., Suite 300, Deerfield Beach, FL 33441.
Terms and Conditions of Sale
Updated March 10, 2018
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 12 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
- 1. Sale and Purchase of Goods. KP Network, LLC d/b/a betterhealthkare.com (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described within the member benefits confirmation call (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
- 2. Purchase Price. Buyer agrees to pay the Purchase Price of the Goods as discussed during Checkout.
- 3. Goods. Unless otherwise identified and/or described differently during the Checkout, the Goods shall include (i) a thirty (30) day supply of diabetic test strips, (ii) three (3) pair of diabetic socks, (iii) a talking testing meter (during the initial order only), and (iv) and possibly additional products, including without limitation, aloe based skin cream. Seller reserves the right to exchange the Goods with other brands of like or similar quality, and/or to add or delete products from the basket of Goods being offered to the Buyer as determined in Seller’s sole discretion. Price, quantity, availability of any product, and shipping methods and shipping rates, and any other information, descriptions or images regarding the Goods, are subject to change without notice.
- 4. Payment Terms and Auto-Renewal.
The total amount of the Purchase Price shall be payable in full by Buyer upon shipment or as otherwise stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs, and disbursements.
All purchases will be scheduled for an automatic refill on a rolling thirty (30) day basis, and Seller’s credit / debit card provided during the initial order shall be automatically charged at the time of shipment of the re-order. You may cancel at any time by (i) calling (844) 376-1419 or (ii) by sending an email cancelling future orders at [email protected].
- 5. Delivery. Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
- 6. Shipping. All orders will be shipped FREE of charge via 1st Class or priority US mail within the continental United States. Deliveries may occasionally be delayed due to inclement weather. Please check directly with the delivery carrier (USPS) for your order if your package has been delayed. Seller is not responsible for unexpected delays caused by inclement weather or delivery carrier service interruptions.
- 7. Secure Shopping. We guarantee 100% secure ordering for all of our customers. To protect you and your credit card information, Better Health Kare uses technologies and policies such as limited access data-centers, firewall technology; secure socket layer certificate authentication and limitations of administrative access to our systems. In addition, it is our policy not to send your credit card number via e-mail. We utilize secure third party security measures such as LimeLight CRM for acceptance of all credit card payments. LimeLight CRM manages the complex routing of sensitive customer information through the credit card processing networks. The company adheres to strict industry standards for payment processing, including:
- 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
- Industry leading encryption hardware and software methods and security protocols to protect customer information.
- Compliance with the Payment Card Industry (PCI) Data Security Standard.
- 8. Limited Warranty. Seller supplies as its sole warranty the following: All products are subject to manufacturer’s warranty(ies) and the Buyer should contact the manufacturer directly to resolve quality issues (outside of Seller’s return policy). The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.
- 9. Disclaimer of Warranty/Limitation of Liability.
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER (INCLUDING ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT PRODUCTS, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PERSON OR PROPERTY OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, OR USE OF THE GOODS SOLD BY SELLER, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER OR TWENTY FIVE DOLLARS ($25.00), WHICHEVER IS GREATER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
- 10. Force Majeure. Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
- 11. Return Policy. If you are not 100% satisfied with the testing supplies you receive from us, you can return them any time during the first thirty (30) days after you receive them for a full credit or refund. All refund requests will be processed by us within fourteen (14) days. Claims for damage, shortage or errors in shipping must be reported within thirty (30) days following delivery to Buyer. Returned Item must be in new condition with original unopened packaging. We’re sorry, but as a diabetic supplier we DO NOT ACCEPT RETURNS OF OPENED ITEMS. Please note that this includes breaking the original manufacturer seal. After such thirty (30) day period, Buyer shall be deemed to have irrevocably accepted the Goods, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Goods for any reason or to revoke acceptance. Buyer hereby agrees that such thirty (30) day period is a reasonable amount of time for such inspection and revocation. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of the merchandise subject to the manufacturer’s inspection and warranty. Please report any damages, shortages or discrepancies within 30 days of delivery by calling Customer Service at (844) 376-1419 or by e-mailing us at [email protected]. In the event we require the return of any item shipped prior to a credit or refund, then we will be responsible for the cost of shipping your return to us.
- 12. General. The Terms and Conditions of Sale incorporate the Terms and Conditions of www.betterhealthkare.com, including without limitation, the Arbitration Agreement and Class Action Waiver provisions set forth therein. Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Florida, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the state of Florida and hereby waives any objection to such jurisdiction and venue.
Better Health Kare Benefits Terms and Conditions
Effective Date: April 2, 2018
Thank you for visiting http://www.betterhealthkare.com/ (the “website”). These Benefits Terms and Conditions (the “Terms”) constitute a legally binding agreement between you and KP Network, LLC d/b/a BetterHealthKare.com (“Better Health Kare,” “we,” “us,” or “our”). As a thank you from Better Health Kare for completing the phone consultation and switching to a Better Health Kare’s preferred provider, you will be given access to the following products: Dining Reward Program, and Diabetic Cookbook (collectively, “Partner Programs”). The Dining Reward Program may not be made available to members that are serviced by a federal or state health care program such as Medicare and Medicaid due to federal and state limitations on the total amount of benefits that may be given to those members (currently limited to under $50 per year in benefits). By visiting the website or using any of the benefits, you agree that you have read, understand and agree to these Terms and the terms and conditions of the Partner Programs. Please read them carefully. If you do not agree to these Terms or the terms and conditions of the Partner Programs, do NOT use the website or the Partner Program websites or benefits. We reserve the right to revise these Terms at any time, in our sole and absolute discretion, by updating this posting. The revised Terms will take effect the date they are posted. Your continued use of the website or benefits shall be deemed to be your acceptance of the modified Terms. As a result, please review these Terms on a regular basis.
PLEASE NOTE THAT THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 11 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THESE TERMS.
BETTER HEALTH KARE IS NOT ENGAGED IN RENDERING HEALTH ADVICE. BETTER HEALTH KARE IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION. BETTER HEALTH KARE IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”).
BETTER HEALTH KARE DOES NOT PROVIDE MEDICAL ADVICE AND NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS MEDICAL ADVICE. STATEMENTS AND POSTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FDA, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. ALWAYS CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM, CHANGING DIETARY HABITS, OR DISCONTINUING THE USE OF ANY PRESCRIBED MEDICATIONS. THIS WEBSITE IS NOT TO BE USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL CARE AND ADVICE. BETTER HEALTH KARE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTERED WITH THE AID OF CONTENT AVAILABLE ON THE WEBSITE, AND YOU UNDERSTAND ANY STATEMENTS AND POSTS ARE FOR EDUCATIONAL PURPOSES AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
- 1. How to Contact Us
You can contact us through the “Email Us” feature at https://betterhealthkare.desk.com/.
- 2. Benefits Email
After you complete the phone consultation and agree to be matched to a preferred provider, you will receive an email that contains your user name and password and explains how to access your Better Health Kare benefits. Some benefits may not be available in your area, and we may eliminate, add and/or change benefits offered without notice.
- 3. Claiming Your Benefits
Links to access the benefits will be sent to you via email to the email address you provided at sign up. Please add [email protected] to your safe sender list so you receive our emails. We are not responsible for your failure to receive emails regarding your Better Health Kare benefits. Additional action, including registration and/or selecting products or rewards, is required on your part to take full advantage of individual benefits contained within each Partner Program.
- 4. Use of Benefits
Only you may use your Better Health Kare benefits. You are not allowed to transfer or resell your Better Health Kare benefits.
- 5. Cancellation Policy
Each benefit is governed by the policies and procedures of the particular Partner Program and each Partner Program reserves the right to cancel any product or service at any time. The Diabetic Cookbook is not recurring. The Dining Reward Program includes four (4) monthly twenty five dollar ($25.00) dining reward certificates that must be redeemed on a monthly basis. If you are no longer interested in the Monthly Dining Reward Program, please contact us through https://betterhealthkare.desk.com/, and request to stop using the service.
- 6. Personal Information
Your information will be collected and maintained for the use of Better Health Kare and the Partner Programs, including creating your account(s), maintaining and servicing your account(s), communicating with you, marketing to you, and creating future programs and benefits to better our services. You agree that we may share your information with these entities for these purposes, as well as any other purposes that we or they deem necessary or appropriate.
- 7. Benefits
Your Better Health Kare benefits provide access to separate products and/or services offered by the Partner Programs. You agree to the individual terms and conditions of each of the Partner Programs. The various Partner Programs may be found at the following links:
- www.monthlydining.com. An email will be generated upon first shipment of supplies from one of our network partners and sent to you with instructions. Dining reward benefits will automatically terminate at the earlier to occur of: (i) when you have received $100 in benefits, or (ii) 120 days from the date you retrieve a dining rewards pin provided by either BHK or www.monthlydining.com
Please note that we are not responsible or liable for the products and/or services offered through the Partner Programs or the content of the Partner Program websites, to the extent you elect to enroll and take advantage of those benefits. If you have questions about your benefits, visit the Support Center at https://betterhealthkare.desk.com/.
- 8. NO WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE BENEFITS AND PARTNER PROGRAMS), IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BETTER HEALTH KARE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS ON OR ACCESSED VIA THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE BENEFITS AND PARTNER PROGRAMS), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BETTER HEALTH KARE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON OR USE OF ANY ASPECT OF THE WEBSITE. FURTHER, BETTER HEALTH KARE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. TO THE EXENT YOU ENROLL IN ANY PARTNER PROGRAM, BETTER HEALTH KARE INCORPORATES ALL OF THE ABOVE DISCLAIMERS OF WARRANTIES AS TO THOSE PARTNER PROGRAMS.
- 9. LIMITATION OF LIABILITY
IN NO EVENT SHALL BETTER HEALTH KARE OR THE PARTNER PROGRAMS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE BETTER HEALTH KARE BENEFITS, THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE WEBSITE, OR ANY INFORMATION, BENEFITS, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF BETTER HEALTH KARE AND THE PARTNER PROGRAMS, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, TO YOU OR ANY THIRD PARTY FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED $250.00. YOU EXPRESSLY AGREE THAT BETTER HEALTH KARE SHALL IN NO EVENT BE LIABLE FOR THE PARTNER PROGRAMS SHOULD YOU ELECT TO ENROLL OR SUBSCRIBE FOR THE BENEFITS. CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- 10. Indemnification
You agree to indemnify and hold Better Health Kare, the Partner Programs, and their respective parents, subsidiaries, owners, officers, directors, managers, employees, agents, and representatives harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the website, the Better Health Kare benefits, and/or the Partner Programs, (b) any violation of these Terms by you or anyone accessing your account, and/or (c) the violation, infringement or misappropriation by you, or another user accessing your account, of any intellectual property or other right of any person or entity.
- 11. Arbitration Agreement and Class Action Waiver
These Terms incorporate the Arbitration Agreement and Class Action Waiver provisions set forth in Paragraph 12 of the Terms and Conditions of www.betterhealthkare.com located at https://betterhealthkare.com/terms/#Terms.
- 12. Entire Agreement; Choice of law; Enforceability; Relationship of the Parties
These Terms constitute the entire agreement between you and the website in connection with the Better Health Kare benefits and supersede all prior agreements between the parties regarding the subject matter contained herein. The laws of the State of Florida govern the performance and interpretation of these Terms, without regard to any conflicts of laws provisions. If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Nothing in these Terms shall be construed as creating or constituting a partnership, joint venture, agency, or other like relationship between you and Better Health Kare or between Better Health Kare and the Partner Programs. Neither the Partner Programs nor any other third party shall have the ability to create obligations on Better Health Kare’s behalf.
- 13. Non-waiver
The failure of Better Health Kare to insist upon performance of any of the terms and conditions of these Terms, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of these Terms, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of these Terms. Any waiver must in writing and signed by Better Health Kare.
- 14. Copyright
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the website’s owner or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the website is the exclusive property of the website’s owner and is protected by United States and international copyright laws. All software used on the website is the property of the website’s owner or its software suppliers and is protected by United States and international copyright laws.