TERMS OF SERVICE – BedsideChats
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING OR ACCESSING OUR MOBILE APPLICATION OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT ACCESS OR USE THE WEBSITE, APPLICATION OR ANY SERVICES PROVIDED BY US UNLESS YOU AGREE TO ALL OF THE TERMS & CONDITIONS INDICATED HEREIN.
Effective Date: May 1, 2022
Age Restriction. You must have attained 18 years of age to be a registered user of our Service and to create and maintain a BedsideChats account.
Registration Information. When you register and create an account, you agree to (a) provide accurate, truthful, complete, and current information about yourself as directed by the registration form, and (b) promptly update and maintain your account information to keep it accurate, true, current and complete.
Password Security. As a registered user, you may create your own unique password for your account. You are prohibited from using the password of any other person to access our Services. You have the responsibility to maintain the confidentiality of your password and may not let any others use your password to access the Services. You, and you alone, are solely and wholly responsible for the activities of anyone that accesses the Service using your password, even if the activities were not authorized by you. It is your responsibility, and imperative for you to (1) control the sharing, release and use of your email and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly notify us if you have reason to believe your account or password may have been compromised or if there is any other reason you need to deactivate a password. You must notify us at www.bedsidechats.com/contact immediately of any unauthorized use of your password. Also, if you believe or suspect your password has been compromised, you must promptly change your password using the options provided in the Service.
The Service provides its visitors and users with access to the BedsideChats mobile application, the website (www.bedsidechats.com).
You acknowledge and agree, in consideration of your use of the Service, that all information that you post, email, upload, transmit, send or otherwise make available through the Service: (a) will not infringe any third party’s patent, trademark, copyright, trade secret or any other proprietary rights or rights of publicity or privacy; (b) will not be fraudulent; (c) will not violate any statute, law, regulation or ordnance; (d) will not be defamatory, trade libelous, racially, ethnically or otherwise objectionable or offensive; (e) inappropriate or inflammatory, unlawfully threatening or unlawfully harassing; (f) will not be contain pornography, be obscene, or contain photographs of unclothed person(s); (g) will not contain any software viruses, worms, Trojan horses, detonate any malware time bombs, cancel bots, easter eggs or other computer programming routines that may damage, negatively interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not generate liability for us or cause us to lose the services of our ISPs or other suppliers; (i) will not link, whether directly or indirectly, to any content to which you do not have a right to access, link, or include, and (j) will be consistent with the values or the spirit of BedsideChats.
YOU, AND NOT BEDSIDECHATS, ARE ENTIRELY RESPONSIBLE FOR ALL THE SUBMISSIONS THAT YOU UPLOAD, OR OTHERWISE SEND VIA THE SERVICES AND YOU WILL INDEMNIFY US WITH RESPECT TO ANY CLAIM, LOSS, LIABILITY, OR DAMAGE INCURRED BY US IN CONNECTION WITH YOUR SUBMISSIONS. The company does not control your information and does not guarantee the integrity, accuracy, or quality of your information. We do not endorse opinions expressed by you.
This Service Does Not Provide Medical Advice
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP AND ASSOCIATED SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. As such, products and services offered in our services or questions listed in the Suggested Questions feature, information shared by us, are all for personal purposes and use only; designed as general information and/or use only. The information and any offered products and services, are not, nor intended to be, a substitute for professional medical advice or use. You must always seek appropriate advice from your physician or other qualified medical provider with any inquiries you may have relating to a medical ailment that you are having. Never ignore professional medical advice or delay in seeking advice because of something you have read within our Services or through any Third Party links otherwise posted in the Service!
To be clear, the Company owns all the images, photos, text, messages, audio, video, location data, and all other types of data or information that the Company creates and makes available in relation to our Services, including, but not limited, to visual interfaces, user interfaces, interactive features, graphics, design, compilation of user submissions, and the compilation of aggregate user review ratings and all other elements and components of our Services, excluding user submissions (as defined below). Except as expressly provided herein, we do not grant you any rights, whether express or implied, and all rights to our Services and our Content are retained by us.
If you intend to use our title, software, trade name, trademark, service mark, logo, domain name and / or any other identification with distinguishable branding features or other content owned by us, you must obtain written permission from the Company. A permission request may be forwarded to our email address at www.bedsidechats.com/contact.
License to User Submission Content
The Service enables you to input Submissions such as personal notes, sharing your medical visits, questions, answers from providers, provider names, healthcare locations, health dates, medications, uploading content, submitting content (including, but not limited to, app functional areas such as visits, questions, answers, medications), and log certain information into the Service. You retain all rights to such user submissions in the Service.
Restrictions on Use of Our Services
- lease, rent, resell, loan, distribute, sublicense, or otherwise transfer rights to the Service;
- decompile, reverse engineer, modify or disassemble the Services;
- adapt, copy, alter, translate, modify, or create derivative works of our Services without the our written authorization;
- permit other persons to use our Services, including shared use by a network connection, except pursuant to the terms of this Agreement;
- circumvent or disable any technological features or measures in the Service for protection of intellectual property rights;
- use the Service in order to, or in conjunction with, any program, service, or device designed to thwart technological methods implemented to control the rights in, or the access to, a content file or other work protected by the copyright laws of any legal authority;
- use or access the Service to compile data in a manner that is used or that may be used by a competitive product or service;
- use your Account to engage in any illegal conduct;
- upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service;
- attempt to interfere or interfere with the proper workings of our Services or prevent others from using our Services; or in a manner that disturbs the normal stream of dialogue with excessive flooding of messages (a flooding attack) to our Services, or that otherwise negatively affects other persons’ ability to use our Services;
- engage in spamming, commercial activities, marketing of illegal or controlled products, or otherwise violate the law;
- use in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities;
- use in a way that contains software viruses, or any other computer programs, code or files that are designed to interfere, destroy or limit the functionality of any computer hardware or software or telecommunications equipment;
- use any automated or manual means, including robots, agents, spiders, or scripts, to gain access or manage any user’s account or to copy or monitor our Services or the content contained therein; or
- post extraneous content, repeatedly post the same or similar content or otherwise inflict an unreasonably or disproportionately large load on our Services’ infrastructure.
Any forbidden use of our Services shall immediately terminate your license to use our Services.
We reserve the right, in our absolute and sole discretion, to refuse you access to the mobile application and/or our Services, or any portion of the mobile application and/or our Services, without notice, and to remove any content that does not adhere to these Community Guidelines.
Third Party Websites/Services/Partners
The Service or third parties within the Service could provide or facilitate links, widgets, tools or other features that permit you to access other services, products, sites and resources initiated by third parties, (collectively, “Third Party Resources”). BedsideChats does not control such Third Party Resources or any services, products or content provided by or through any Third Party Resources, or the business practices of any third parties providing such Third Party Resources, and BedsideChats does not take responsibility for and does not endorse any such Third Party Resources or the services, products or content made available by them. You acknowledge that BedsideChats is not liable or responsible for the any functions, content, legality, appropriateness, accuracy or any other aspect of such Third Party Resources. You further acknowledge and agree that BedsideChats will not be liable or responsible for any loss or damage caused or allegedly caused by or in conjunction with the use of or dependance on any events, content, goods or services made available through Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources.
The content of such linked sites is provided and developed by others. You should contact the site webmaster or administrator for those linked sites if you have any concerns relating to such links or any content located therein. As always, you should take appropriate precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Importantly, it is vital that you take the necessary steps to determine whether accessing a Third Party Resource is suitable, including protecting your personal information and privacy in using any such Third Party Resource and complying with applicable agreements. Accessing linked sites is at your own risk.
NONE OF BEDSIDECHATS, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BEDSIDE CHATS”) OWN OR CONTROL THE THIRD PARTY SELLER WEBSITE THROUGH WHICH YOU PURCHASE WISHLIST ITEMS. NONE OF THE BEDSIDECHATS PARTIES IS A PARTY TO, ANY TRANSACTION, COMMUNICATION, OR INTERACTION BETWEEN YOU AND THE THIRD PARTY SELLER WEBSITE OR BETWEEN YOU AND OTHER USERS OF THE THIRD PARTY SELLER WEBSITE OR OTHER USERS OF THE SERVICES.
BESIDES WISHLIST THIRD PARTY LINKS, THE SERVICE MAY CONTAIN LINKS TO OTHER THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF BEDSIDECHATS OR ANY OTHER COVERED PARTY. AS SUCH, BEDSIDECHATS AND THE NOTED COVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR LINK CONTAINED WITHIN A LINKED SITE, OR ANY CHANGES, MODIFICATIONS, OR UPDATES TO SUCH SITES. BEDSIDECHATS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT BEDSIDECHATS OR ANY COVERED PARTY RECOMMENDS OR ASSUMES ANY RESPONSIBILITY FOR THE CONTENT FOUND ON SUCH THIRD-PARTY SITES.
TO THE FULL EXTENT PERMITTED UNDER ALL APPLICABLE LAWS, THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE LINKS, INFORMATION, SERVICES, PRODUCTS, AND CONTENT POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, AND ANY USER VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
Use of Smart Phones or Other Mobile Devices
Be advised, your carrier’s normal fees and rates, such as data charges and text messaging fees may still apply if you are using our Services on a mobile device.
Special Features of the Service
If you sign up to use a special feature or specific functionality of our Services, we may request for you to agree to certain additional terms governing your use of that functionality or special feature. If so, we will ask you to expressly consent to these additional terms, for example, by clicking a button or checking a button marked “I agree” or similar language to that effect. These additional terms are known as a “click-through” agreement. If any of the click-through agreement terms conflict with the terms of this Agreement, the click-through agreement terms shall amend or supplement these Terms, but only with regards to the matters governed by the click-through agreement.
Fee’s and Fundraising
Currently, the Service is offered free to users. BedsideChats may invite users to provide donations to BedsideChats to support the development and ongoing provision of services. Donations ensure all users can use BedsideChats App free of charge. BedsideChats will inform users of the opportunity to donate through the Service, within email communications and messaging services. Users can opt-out of email and messaging services. Notwithstanding anything to the contrary indicated in this Agreement, we reserve the right to initiate a fee structure at any time upon notice to you.
Spam Email and Postings
You agree that BedsideChats would be irreparably harmed by the use, by you or others, of the Service in connection with the transmission of spam postings, messaging or unsolicited email, which would be a violation of this Agreement. Also, you agree that, in addition to all other remedies available at law or in equity, BedsideChats is entitled to pursue injunctive relief against any such transmissions. BedsideChats reserves the right to block, filter, or delete unsolicited email.
Our Right to Change, Modify or Discontinue the Site and/or Services
At times, and without prior notice to you, we may expand, change, modify, and improve our Services. At any time, we may also discontinue operating part or all of our Services or selectively deactivate certain features and functions of our Services. Your use of the Service does not entitle you to the continued provision or availability of the Service. Any modification or elimination of the Service or any particular features or functions will be conducted in our sole and outright discretion and without an ongoing obligation or liability to you. BedsideChats shall not be liable to you or to any third party for any suspension, modification, or discontinuance of our Services.
BEDSIDECHATS MAY MAKE CHANGES TO THE SERVICE, SERVICES ON THE WEB SITE, MOBILE APPLICATION, INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS, AND ANY OTHER INFORMATION AND MATERIALS AT ANY TIME AND WITHOUT NOTICE.
Additional Terms Herein
The Terms herein, constitute the Agreement, in its entirety, between you and BedsideChats, overriding any prior Agreements between you and BedsideChats. To the extent that you have a previous registration with BedsideChats, whether provided in the past or the future, this Agreement now governs how BedsideChats may use your information.
This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Delaware, and you and BedsideChats agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
Disclaimer of Warranties
BedsideChats makes no representations or warranties with respect to our Services, any content or submissions made on or to the Services, or any product, service or site promoted through our Services. The Services and all of its related content are offered “as is” and on an “as available” basis. BedsideChats, to the fullest extent permitted by applicable law, disclaims all warranties, whether expressed or implied, arising by statute, within the custom or course of dealing, course of performance, or in any other way, including, without limitation, implied warranties of title, non-infringement, merchantability, and fitness of a particular purpose. Without limiting the generality of the foregoing, BedsideChats does not make any representations or warranties as to the correctness, accuracy, completeness, reliability, or usefulness of any content occurring on the Services.
Limitations of Liability
Under no circumstances, shall BedsideChats, or its licensors, sponsors, or service providers, or any of its or their respective directors, officers, employees, shareholders or agents (collectively, the “released parties”), be liable to you or any third-party claiming through you for any damages or losses resulting from, out of or in connection with, the Services, its content, including user submissions, any services or products made available through the Services, or damage from any security or data breach or leak, or any other security intrusion, or your use of or inability to use the Services, including any damage or loss due to software viruses that may affect your computer software, equipment, data or other property due to your usage of the Services or your downloading of any material from this Service.
Any conduct on your part in response to the information, products or services shared by the Service or exchanged between users, including third-party links, is at your own risk. In no event shall BedsideChats, its affiliates, subsidiaries, partners, or its or their officers, directors, employees or agents (collectively the “BedsideChats Parties”) be liable for any damages (including, without any limitations, incidental and consequential damages, injury (personal or otherwise), wrongful death, lost profits, or damages stemming from missing data or business interruption) resulting from the use of or inability to use the service, the content therein, or the use of any information, idea, product, service or instruction contained in the material provided, and/or any website(s) linked to/from it, whether based legal theories, including, but not limited to, warranty, tort, and contract, and whether or not BedsideChats parties, or any third parties mentioned in the service are advised of the possibility of such damages.
This limitation of liability is comprehensive, it applies to all damages and losses regardless of type (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income, or profits), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, even if an authorized or designated representative of BedsideChats or another released party has been advised of, notified of, or should have known that the possibility of such damages existed, and regardless of the success or effectiveness of other remedies.
If any part or section of this limitation of liability is found to be illegal, invalid, or unenforceable for any reason, then the collective liability of BedsideChats, its licensors, sponsors, and service providers, and its and their respective directors, officers, shareholders, employees, and agents, under such circumstances, to you or any person or entity claiming through you, for liabilities that otherwise would have been limited, shall not exceed one hundred dollars ($100.00). In certain circumstances, some jurisdictions do not allow the exclusion of liability for certain types of damages. Your entitlement to monetary damages in that amount shall be instead of all other remedies which you may have against any released party. The partiese released shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including, attorneys’ fees) in any way resulting from, due to, or arising from the service or any matter related to the Service. Nothing in this Agreement shall exclude or limit liability for damages or losses which may not be lawfully excluded or limited by applicable law.
The Services may contain typographical errors, technical inaccuracies, or omissions. We are not accountable for any such technical, pricing, typographical, or other errors listed on or omitted from the Services. We reserve the right to make corrections, modifications, changes, and / or improvements to the Services at any time without notice.
You agree to defend, indemnify, and hold the Company, including its officers, directors, employees, agents, and licensors, harmless from and against any demands, claims, actions, liabilities and settlements including, without any limitation, any associated reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Choice of Law, Jurisdiction, and Venue
The Statute of Limitations
You further agree that, irrespective of any law or statute to the contrary, any claim or cause of action related to or stemming from the use of our Services or this Agreement must be filed within one (1) year following such claim or cause of action arose or be forever barred.
General Term Disclosures, Other
As used herein, the term “including” means “including, but not limited to.” Also, section headings are for limited reference purposes only and in no way limit, construe, define, or describe the scope or extent of such section.