Terms of Use

Terms of Use

Effective Date: June 14, 2016

betterPT exists to improve your physical therapy experience, and we hope you’ll make great use of our service. These terms explain your rights and responsibilities when using betterPT. If you have any questions, feel free to contact us at support@betterpt.com. You can also learn more at betterPT.com/terms. Thank you so much for choosing betterPT.

The following terms and conditions constitute an agreement between you and Better PT, Inc. (“betterPT,” “we,” or “us”), the operator of the betterPT mobile application (the “Mobile App”) and related websites, applications and services provided by betterPT and on/in which these Terms of Use is posted or referenced (collectively, with the Mobile App, the “Services”). These terms of use (the “Terms of Use”), together with our PRIVACY POLICY betterPT.com/privacy policy and HIPAA AUTHORIZATION betterPT.com/support (which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, both as a non-registered user and as a registered user.

BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, AND TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN THE STATE OF NEW YORK. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer the Services “AS IS” and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

1. ABOUT THE SITE

While limited portions of the Services are viewable without registering with us, to actively use the Services, to access the Mobile App and most of the Services you must register as a user and authorize the use and disclosure of your information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge that although some Content (as defined below) may be provided by individuals in the physical therapy profession, the provision of such Content alone does not create a physical therapist professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate care from a physical therapist, specialist, professional or other provider (collectively, “Physical Therapists”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Mobile App, including without limitation information provided by Physical Therapists on profiles or in direct response to your questions.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.

2. WE DO NOT PROVIDE MEDICAL ADVICE

The Content that you obtain or receive by using the Services is for informational, scheduling and payment purposes only.

All related information, including but not limited to information shared via betterPT emails and text messages comes from independent Physical Therapists and organizations and is for information purposes only.

THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM BETTERPT, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED PHYSICAL THERAPIST OR HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

We do not recommend or endorse any specific tests, Physical Therapists, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.

3. NO DOCTOR PATIENT RELATIONSHIP

WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH PHYSICAL THERAPISTS WHO MAY BE INTERESTED IN PROVIDING YOU WITH PHYSICAL THERAPY SERVICES. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM BETTERPT INCLUDING, BUT NOT LIMITED TO, THE “FIND A PHYSICAL THERAPIST” FEATURE, OFFICIAL BETTERPT SOCIAL CHANNELS, BETTERPT EMAILS OR TEXT MESSAGES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PHYSICAL THERAPIST.

We have no control over, and cannot guarantee the availability of any Physical Therapist at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Mobile App or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a Physical Therapist by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Physical Therapist by confirming with the Physical Therapist’s office, your current healthcare providers and the professional association(s) relevant to the Physical Therapist.

4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT PHYSICAL THERAPIST RELATIONSHIPS AND LISTS

betterPT uses reasonable efforts to ensure that Physical Therapists only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. betterPT may also exclude Physical Therapists who, in betterPT’s discretion, have engaged in inappropriate or unprofessional conduct. Nonetheless, in connection with using the Mobile App and the Services to locate and schedule appointments with Physical Therapists, you understand that:

YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PHYSICAL THERAPIST.

Physical Therapists listed through the Services with whom you may book appointments enter into contracts with us, and may pay us a fee in order to be included in the Services. We will provide you with lists and/or profile previews of Physical Therapists who may be suitable to provide the services you seek based on information that you provide to us (such as insurance information, schedule, geographical location, and desired treatment style). In an effort to aid in the discovery of Physical Therapists and enable the maximum choice and diversity of Physical Therapists participating in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Physical Therapist availability, past selections by and/or ratings of Physical Therapists by you or by other betterPT users, and past experience of betterPT users with Physical Therapists); but betterPT (a) does not recommend or endorse any Physical Therapists, (b) does not make any representations or warranties with respect to these Physical Therapists or the quality of the services they may provide, and (c) does not receive any additional fees from Physical Therapists for featuring them (i.e., higher or better placement on lists) through the Services.

betterPT does not track or monitor Physical Therapist compliance with direct access rules or other similar applicable requirements (e.g., whether a referral or prescription from your physician is needed for you to see a physical therapist), which may vary from state to state. Please note that your insurance company may limit or decline to reimburse you for otherwise reimbursable physical therapy services received without a prescription or a referral from a physician.

5. THE SERVICES AND CONTENT AS INFORMATIONAL AND EDUCATIONAL RESOURCES

Physical Therapist Content:

Physical Therapist profiles and other practice-related Content are intended for general reference purposes only. Such Content may be provided by the Physical Therapists and/or their office staff, or collected from multiple other data sources that are not confirmed by betterPT and may not be confirmed by the Physical Therapist. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Mobile App nor betterPT provides any advice or qualification certification about any particular Physical Therapist. You are encouraged to independently verify such Content.

Procedures/Products/Services:

The procedures, products, services and devices presented through the Services are not appropriate for all individuals, patients or all clinical situations. Any products, services or devices represented through the Services by Physical Therapists or other participants of the Services are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Insurance Content:

The insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) is intended for general reference purposes and for your convenience only (“Insurance Content”). Such Insurance Content is based on Personal Information (as defined below) you provide to us as well as Physical Therapist Content. The Insurance Content is provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content often changes frequently and may become out of date, incomplete or inaccurate. In order to improve (but not guarantee) the accuracy of the Insurance Content, you acknowledge and agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide); betterPT will not be responsible for your failure to comply with subparts (a) or (b) hereof, nor for any inaccurate, incomplete or outdated Insurance Content, regardless of the reason.

6. REGISTRATION

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to registered users (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to support@betterPT.com.

7. YOUR PERSONAL INFORMATION

In order to register for an account to use the Services (including the Mobile App), you must provide certain basic information about yourself. Also, you may opt to voluntarily share additional information in order to benefit from all the Services we provide. Our Privacy Policy details how we may use, share and maintain your information, which may include without limitation your name, address, social security number and contact information; insurance information; medical history and current needs; billing information; and other information that is either requested by betterPT or voluntarily provided (“Personal Information”). By submitting such information, you authorize betterPT, its employees, agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

If you elect to enter information into our Case History Form on behalf of yourself or a third party from whom you have authorization to provide such information, you authorize us to provide such information to any Physical Therapist with whom you have scheduled an appointment through the Services. You acknowledge and agree that such information may be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that betterPT may use the data or information you provide on a Case History Form in accordance with our Privacy Policy.

8. YOUR RESPONSIBILITIES

8.1 Your Responsibilities Generally

You are responsible for all payments that you incur through your use of the Services, including betterPT’s service fee for facilitating a physical therapy session (“betterPT Service Fee”) and charges for your appointments with Physical Therapists (“Physical Therapy Service Fee,” and together with the betterPT Service Fee, the “Fees”). You must resolve any dispute, including any Fee dispute, between you or any Physical Therapist arising from an appointment or other transaction made through the Services directly with the Physical Therapist.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use Mobile App the Services for lawful, non-commercial purposes. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Mobile App or Services (including, without limitation, Physical Therapist or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

8.2 Restrictions on Personal Use by Physical Therapists and Others in the Healthcare Industries

Regardless of whether you are a user or whether you schedule or intend to schedule appointments through the Services, if you are a Physical Therapist or other person or entity in the healthcare or medical industries, you acknowledge and agree that:

(A) Unless you have registered a Physical Therapist account with us to offer services as a Physical Therapist through the Services, you will not use the Services for any purpose other than your own personal use as a patient or prospective patient.

(B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.

(C) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

9. CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS

9.1 Changes to the Services

You acknowledge and agree that the form and nature of the Services provided by betterPT provide may change from time to time without prior notice. You agree that betterPT will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.

9.2 Additional Terms

Certain of the Services may have additional terms (including without limitation policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.

10. LINKS TO OTHER SITES

The Services may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

11. CONTENT YOU POST OR SUBMIT

You will have the opportunity to submit feedback regarding your experiences with Physical Therapists featured through the Services and to submit inquiries concerning possible needs (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. All Posted Information must comply with our Acceptable Use Policy, as detailed in the following Section 12 of these Terms.

betterPT reserves the right to investigate and at our discretion take appropriate legal action against anyone who violates this provision or the Acceptable Use Policy, including without limitation, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services.

By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to betterPT and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that betterPT shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other betterPT users for purposes of constructing or populating a searchable database of reviews and information related to the physical therapy industry.

12. ACCEPTABLE USE POLICY

12.1. Restricted Uses

You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any Content, the Mobile App or the Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Mobile App and/or the Services or in or on any Content;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Mobile App and/or the Services;
  • access or retrieve any Content or portion of the Mobile App and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the physical therapy industry;
  • reformat or frame any Content or portion of the web pages that are part of the Mobile App and/or the Services;
  • fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Physical Therapist which you do not intend to keep, or whom you do not intend to pay using the Transaction Processing Services (as defined in Section 14 below);
  • create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses;
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
  • use any means, including software means, to conduct web scraping of any portion of the Mobile App, its content or materials and/or the Services.

12.2 No Spam.

You may not use contact information provided by our users or Physical Therapists, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your Credentials violates these provisions.

12.3. User Content

Pursuant to these Terms of Use, you may submit feedback, submit inquiries and other Posted Information about your experiences with a Physical Therapist that was booked through the Services. In providing feedback, please give clear, honest information about the Physical Therapist and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Physical Therapist may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on.

Without limiting the generality of the foregoing:

  • You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other users of the Mobile App.
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by betterPT.
  • You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that betterPT may (but is not obligated to) review and delete any Posted Information that in the sole judgment of betterPT violates the Terms of Use, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Services and/or other website users.
  • You agree that you will only provide Posted Information that you believe to be true.

You may not submit Posted Information that:

  • is false, deceptive or misleading;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or “spamming”;
  • violates, infringes or misappropriates the intellectual property or other rights of any person;
  • violates antitrust, competition, or consumer protection laws;
  • is threatening, abusive, obscene, defamatory or libelous; or
  • is pornographic or sexually explicit in nature.

The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Services. betterPT reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.

12.4. Copyright Dispute Policy

betterPT adopts the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of betterPT’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.

betterPT Policy: Our policy is to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, other users; and (b) remove and discontinue Service to repeat offenders.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that betterPT is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification. Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is betterPT’s policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider or user that it has removed or disabled access to the material; and
  • for repeat offenders, to terminate such content provider’s or user’s access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The content provider’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s or user’s address is located outside the United States, for any judicial district in which betterPT is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal. If a counter-notice is received by the Designated Agent, betterPT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at betterPT’s discretion.

Address for Designated Agent. Please contact betterPT’s Designated Agent to Receive Notification of Claimed Infringement at support@betterpt.com.

13. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain betterPT’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Mobile App for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Mobile App or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither betterPT nor the Physical Therapists grant you any express or implied rights, and all rights in the Mobile App and the Services not expressly granted by betterPT to you are retained by betterPT.

14. FEES, PAYMENT AND TRANSACTION PROCESSING

14.1 Generally

You may be permitted to use the Services to pay the Physical Therapy Fees and betterPT Service Fees associated with physical therapy sessions provided by the applicable Physical Therapist. In connection with such payments, betterPT’s payment processing partner processes your payment card information in accordance with our Privacy Policy.

While betterPT may provide you with Insurance Content to assist you in processing any insurance claims, the sessions you participate in with Physical Therapists that you connect with through the Services may or may not be covered by your insurance, and it is solely your responsibility to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full Fees (and for paying the Fee in advance of your appointment) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

14.2 Booking a Physical Therapist.

There is no charge to register with us or download the betterPT application on your mobile device. You are charged Fees only when you actually use the Services by scheduling a session with a Physical Therapist. Each Physical Therapist sets his or her own Physical Therapy Fees, and upon booking an appointment, betterPT will apply a betterPT Service Fee that is retained by betterPT. Each Physical Therapist also sets his or her own cancellation policy, which will be disclosed to you through the Services before you confirm an appointment. We reserve the right to make modifications to the Fee structure, including by introducing a fee in the future for downloading the betterPT application, or for registering with us. If we decide to make such modifications, we will inform you of the Fees before you incur any charges.

Prior to scheduling an appointment with a Physical Therapist, please carefully review (a) the Fees, (b) cancellation policy and (c) all of the products and services that are included and excluded in each session. Physical Therapists are required to provide the applicable services at or below the Physical Therapy Fee that is displayed at your time of booking, unless you separately agree otherwise. Services in addition to or different from what is advertised on the Services may be available, offered or rendered by the Physical Therapist. You and your Physical Therapist are responsible for agreeing to any additional or different services, and the fees associated with such modifications. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY PHYSICAL THERAPIST’S AGREEMENT OR FAILURE TO REACH AGREEMENT ON ANY ADDITIONAL OR DIFFERENT SERVICES.

14.3. Responsibility for Fees

The betterPT Service Fee reflects the value for the Services provided by betterPT.

You acknowledge and agree that:

(a) you are responsible for and you will pay the Fees for the sessions booked through betterPT;

(b) you remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles and other coinsurance obligations);

(c) betterPT may process your payment, and may do so in collaboration with our payment processing partner;

(d) betterPT is not responsible for any Physical Therapy Fees or other charges incurred for any products or services provided by a Physical Therapist;

(e) betterPT is not responsible for any charges submitted for processing by Physical Therapists;

(f) in the event you dispute any Physical Therapy Fees or other fees chargeable or charged through betterPT by a Physical Therapist, you will resolve such dispute directly with the applicable Physical Therapist;

(g) by using the services of betterPT’s payment processor (“Transaction Processing Services”), you accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services; and

(h) you will promptly review all Fees and other charges processed through the Transaction Processing Services, and immediately notify betterPT to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and

You further acknowledge and agree that: neither betterPT nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:

  • if you have not provided us with accurate, current and complete payment information;
  • if you do not have sufficient available funds or available credit to complete the transaction;
  • if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
  • if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
  • if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
  • if we terminate or suspend the services we provide to the applicable Physical Therapist.

15. SMS/TEXT COMMUNICATIONS.

We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You may opt-out of receiving future SMS or text messages from us by clicking on the “opt-out” link at the end of any SMS or text message that we send.

16. THIRD PARTY SOFTWARE.

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

17. APPLE DEVICE AND APPLICATION TERMS.

In the event you are accessing the Services via an application (“Application”) on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store, the following shall apply:

(a) both you and betterPT acknowledge that the Terms of Use are concluded between you and betterPT only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) the Application is licensed to you pursuant to the terms and conditions set forth in the Agreement solely to be used in connection with the Services for your private, personal, non-commercial use;

(c) you will only use the Application in connection with an Apple device that you own or control;

(d) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) you acknowledge and agree that betterPT, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) you acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and

(i) both you and betterPT acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.

18. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Mobile App and/or the Services; what content you access via the Mobile App and/or the Services; what effects the content on the Mobile App and/or the Services may have on you; how you may interpret or use the content on the Mobile App and/or the Services; or what actions you may take as a result of having been exposed to the content on the Mobile App and/or the Services. You release us from all liability for you having acquired or not acquired content through the Mobile App and/or the Services. The Mobile App and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Mobile App and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Mobile App and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Mobile App and/or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BETTERPT MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. BETTERPT DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

19. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN SECTION 14), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN SECTION 14), IF ANY, REMITTED TO AND RETAINED BY BETTERPT FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

20. TERMINATION

We may terminate and/or suspend your user account and your use of the Services immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Mobile App or through the Services by you or by someone using your Credentials. We may also cancel or suspend your user account and your use of the Services for any other reason, including inactivity for an extended period. betterPT shall not be liable to you or any third party for any termination of your access to the Mobile App and/or the Services. Further, you agree not to attempt to use the Mobile App and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Sections 2, 3, 4, 9, 11, 12, 13, 14, 18, 19, 20, 21 and 22 shall survive any termination or expiration of these Terms of Use.

21. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Mobile App, (b) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

22. MISCELLANEOUS

22.1 Electronic Contracting; Copyright Dispute

Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Terms of Use, and your consent to enter into agreements with us electronically.

22.2 Changes to These Terms of Use

We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Mobile App; we may also attempt to notify you in some other way. Your continued use of the Mobile App and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

22.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

22.4 Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

22.5 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of betterPT to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22.6 Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

22.7 Assignment

We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

22.8 Eligibility

You must be 13 years of age or over to register with us or use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Mobile App or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Mobile App or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Mobile App is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Services are administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services.