Last Updated : January 04, 2021
The Brightplate Programs, the Site, and Apps are sometimes collectively referred to as the “Services.”
THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911 OR YOUR EMERGENCY RESPONDER.
IF YOU DID NOT SIGN THE INFORMATED CONSENT TO PARTICIPATE IN BRIGHTPLATE PROGRAMS, THEN YOU MAY NOT USE THE SERVICES. If you signed the Informed Consent to Participate in Brightplate Programs, but later decide that you want to terminate your account, please contact Customer Support at firstname.lastname@example.org, and we will verify and complete your request.
- About Brightplate’s Services
We deliver our Services through Brightplate Apps and the Brightplate Site. These Services may include, without limitation:
- Access to information, text, graphics, photos, resources, or other materials appearing in the Brightplate Programs, in the App, on the Site, or in any aspect of the Services (the “Content”), including educational Content relevant to your health goals;
- The ability to create, upload, transmit, display, and access User Content;
- The ability to interact with our relevant personnel, including our support teams and, for the Brightplate Programs, our health coaches;
- For certain of the Brightplate Programs, the ability to participate in an online community and to interact with other users of our Services in connection with your health goals;
- The ability to request your health information to share with other healthcare providers or individuals so that they can understand how you use the Brightplate Program(s); and
- Access to other information about us and our products and services through the Sites and any other features, content, or applications that we may offer from time to time.
We make certain of these features available only to users who register for Brightplate Program(s) and only for the duration of their access to and use of Brightplate Program(s). We reserve the right to change, suspend, or discontinue the Services at any time and for any reason at our discretion
2. Your Account and Use of the Services
2.1. Registration and Enrollment. The Brightplate Programs and the Apps are available only to individuals who: (i) are at least 18 years old;(ii) meet the condition-specific clinical criteria that we have established for enrollment; and (iii) complete the registration process that we prescribe.
In registering for any of our Services, you also will set an account password. You are solely responsible for setting your password and for maintaining its confidentiality. You also are solely responsible for all activity that occurs on your account. You agree not to share your password with any person, not to permit any person to have access to your password, and not to otherwise facilitate the use of your User ID and password by any other person. You agree to notify us in writing immediately of any unauthorized use of your password or account or any other security breach of which you become aware.
2.2 Connecting to the Services. You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Services) to enable use of the Service. Brightplate reserves the right to change the technical requirements for accessing the Services, including any software, hardware or other requirements at any time without prior notice.
By accessing or using the Services, you acknowledge that we are unable to ensure the security of information you send to us through your Systems or Connections until that information reaches us, and you acknowledge that information sent via email or text message or otherwise through your Systems or Connections may not be encrypted or secure
2.5 User Content. In connection with your use of the Services, you may provide to us content, personal information (including without limitation, your name, contact information, food tracking, health readings, and other personally identifiable information), videos, audio clips, written comments, data, text, photographs, or other information (“User Content”). Information that we receive from your Brightplate-Supplied Devices will also be considered part of your User Content. We may also receive information about you from third parties because you subscribe to or otherwise participate in their services (“Third-Party Data Sources”), such as blood pressure monitors, activity trackers, or Apple Health. Information from Third-Party Data Source will also be part of your User Content.
You are entirely responsible for the authenticity, accuracy, completeness, and provision of your User Content. You will be solely responsible for any violation of law and for any infringement of third-party rights caused by your user content.
2. 6 Email and Phone Communications. As a condition to accessing or using the Brightplate Programs, the Apps, and certain other aspects of the Services, you must provide us with your email address and phone number. By participating in the Services, YOU EXPRESSLY AGREE AND CONSENT TO OUR COMMUNICATING WITH YOU VIA EMAIL, SMS/TEXT MESSAGES, VOICE CALLS, PUSH NOTIFICATIONS, AND OTHER ELECTRONIC COMMUNICATIONS THAT RELATE TO THE SERVICES. Standard per minute call and message and data rates may apply. You may opt-out of receiving these messages at any time.
If you wish to terminate your account, you may do so by following the instructions on the Site or contacting our customer support team at email@example.com. Any fees paid for the Services are non-refundable.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
5. Fees and Payment
We reserve the right to require payment for the Services. If you elect to use Services subject to fees, you agree to pay all applicable fees as described in materials provided by Brightplate. We also reserve the right to change our prices in the future with prior notice to you. We may provide this notice by email, via our website, by positing it in the Services or by other means. You agree that if you access the Services subject to fees following that notification, you accept the new charges
7. Warranty Disclaimer
THE SITE, THE BRIGHTPLATE PROGRAMS, THE APPS, ANY BRIGHTPLATE CONTENT, AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
NEITHER BRIGHTPLATE NOR ITS LICENSORS GUARANTEE OR WARRANT THAT THE SERVICES OR THE CONTENT (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (C) WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (D) CAN OR WILL BE CORRECTED IF DEFECTS ARE IDENTIFIED. FURTHER, BRIGHTPLATE DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED BY YOU FROM THIRD PARTIES THROUGH THE BRIGHTPLATE SERVICES.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, THE LIMITATIONS ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. Medical Disclaimer
We do not provide any professional medical advice or treatment as a part of the Services. NO DOCTOR/PATIENT RELATIONSHIP IS CREATED BY USING THE SERVICES OR CONSULTING WITH THE BRIGHTPLATE HEALTH COACHES. The information provided by the Services and our health coaches is for informational purposes only and should not be used for the diagnosis or treatment of any medical condition.
Always seek the advice of your physician or medical professional before deciding to start, alter, or discontinue any medical treatment or for any questions regarding your medical condition, your diet, or the use (or frequency) of any medical device. Do not use the services as a substitute for consulting with your physician or other health care provider. If there is any conflict between information you receive from using our services and medical advice from your physician, you should follow the advice of your physician. YOU AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET.
10. Limitation of Liability
11. Geographic Restrictions
If you access the Services from a Restricted Area you do so at your own initiative and risk and are responsible for compliance with all local laws and regulations.
12.1 Binding Arbitration. Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
12.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
12.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: firstname.lastname@example.org. Brightplate will send any notice of dispute to you at the contact information we have for you.
12.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
12.6 Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Brightplate will pay all other AAA and arbitrator’s fees and expenses.
12.7 Individual Basis. To the fullest extent permitted by applicable law, you and Brightplate each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Brightplate each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
12.8 Limitation Period. In no event shall any claim, action or proceeding by you or Brightplate be instituted more than one (1) year after the cause of action arose.
12.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
12.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Brightplate each agree to the exclusive jurisdiction of the Federal and State courts located in the southern district of New York, and you and Brightplate each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
12.11 Opting Out. If you do not want to arbitrate disputes with Brightplate and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Services.