BONE HEALTH TECHNOLOGIES, INC.
Bone Health Technologies, Inc. (“BHT”, “we”, or “us”) operates this and other websites (each a “Website”) and other online platforms used to gather information from others, such as Google Forms (each an “Information Gathering Tool”) in order to allow the general public to learn mor about the products and services offered by BHT (our “Offerings”)and to assist BHT in its research and development efforts. By using any Website or Information Gathering Tool, including providing information about yourself to us through a Website or any Information Gathering Tool, you acknowledge that you have read, understand, and agree to be bound by these Terms no matter if you are a casual visitor to one of our Websites or if you actively provide us information. If you do not wish to be bound by these Terms do not use or access any of our Websites or Information Gathering Tools in any manner.
BHT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE. A CURRENT VERSION OF THESE TERMS WILL ALWAYS BE AVAILABLE VIA OUR WEBSITES’ HOMEPAGES. YOUR CONTINUED USE OF ANY WEBSITE OR INFORMATION GATHERING TOOL AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE OR ACCESS ANY WEBSITE OR INFORMATION GATHERING TOOL. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE SPECIFIC TERMS OF THIS AGREEMENT, PLEASE DIRECT THEM TO LEGAL@BONEHEALTHTECH.COM.
- Proprietary Rights in Content. All content displayed or offered on any Website or Information Gathering Tool, such as site design, graphics, product descriptions, surveys, product previews, product usage information, training materials, and BHT products (the "Content"), is the proprietary property of BHT, or its partners, advertiser, or licensors. All rights in the Content are reserved. Content may not be modified, copied, distributed, reproduced, republished, displayed, posted, or resold in any form or by any means, in whole or in part, without BHT’s prior written permission. All trademarks, logos, trade dress, and service marks on the Site are either trademarks of BHT or its advertisers, partners, or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BHT.
- No Medical Advice. BHT’s Offerings are not meant to provide specific medical advice, recommendations or care in any manner. Any BHT product should only be used under medical supervision. In fact, BHT and its employees and agents are not practicing medicine of any kind. Rather, the Services are solely limited to providing users content about healthcare related topics. As such, all content, including auto-response messages, images, videos, information and other material of any kind made available through the Websites or Information Gathering Tools, whether by BHT or any other third-parties (collectively, the “Service Content”) are for informational purposes only. Service Content is not intended to be a substitute for professional medical advice, treatment, or diagnosis. If you think you may have a medical emergency of any kind, call your doctor or dial 911 immediately. Do not rely on any Service Content as a substitute of any kind from medical advice provided by your physician or other qualified health provider. In fact, always seek the advice of your doctor or other qualified health care provider concerning your medical condition(s). If you choose to rely on any Service Content, you do so solely at your own risk.
- Your Rights to Use Websites and Information Gathering Tools.
- Subject to your compliance with these Terms, BHT grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Websites and Information Gathering Tools, solely for your personal and non-commercial use. Your rights to use and access our Websites and Information Gathering Tools will be limited to those expressly granted in this Section 3. BHT and its licensors reserve all rights and licenses in and to our Websites and Information Gathering Tools not expressly granted to you under these Terms.
- All Service Content is protected by the copyright laws in the United States and in foreign countries. While you are permitted to use and access Service Content through your use of the Services, all other copying, use, and distribution of any Service Content is expressly prohibited.
- No Service Content or other information of any sort accessed or made available through use or access to the Services may be used, copied, or transmitted in any manner for non-personal or commercial purposes.
- You may only use our Websites and Information Gathering Tools if you are at least 18 years of age and, therefore, you represent that you are at least 18 years old.
- Your Content; Ownership and License Granted.
- BHT may enable you to post, upload, store, share, or send data, text, images, and/or video, through use of the our Websites and Information Gathering Tools, including, without limitation answering surveys and providing BHT contact information (generally, “Your Content”). Your Content may consist of Your Personal and Health Information and Your Public Content. For purposes of these terms, “Your Personal and Health Information” includes all information meeting the definition of PII pursuant to our Privacy and Security Policy, including all information about your health history you upload, store, share or send to us such as medical diagnoses received by your health care professionals, information you directly submit to us via surveys or otherwise, data from wearable devices (e.g., “Fitbits”, “Apple Watches”, etc.), and drugs prescribed to you for your personal use, which, in each case, identifies you, personally. “Your Public Content” is all information you post, upload, store, share, or send via use of our Websites and Information Gathering Tools that otherwise does not meet the definition of Your Personal and Health Information.
- All of Your Content remains yours and BHT does not claim any ownership rights in any of Your Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content. You represent and warrant that you or your licensors own all right, title and interest in and to Your Content and that you have all rights in Your Content necessary and sufficient to transmit to, upload to, transfer to, process on, store in, or cause to interface with, your Account or the Services, and to grant the rights contemplated by these Terms to us. You are solely responsible for all of Your Content, including but not limited to the development, transmission, operation, maintenance, storage, claims, and use of Your Content.
- By accessing and/or using our Websites and Information Gathering Tools, you hereby grant BHT a limited, non-exclusive, royalty-free, perpetual (except as stated in sub-part (d) below) license to access, collect use, re-use, share, modify, store, monitor, copy, process, analyze, transmit, use and display Your Content (i) to assist us in (1) improving our Offerings or (2) developing new Offerings, (ii) to monitor compliance with these Terms by you, or (iii) for any other legitimate business purpose (the “Rights Granted”). You are not required to provide any of Your Content to us. If you choose to provide any of Your Content to us, you agree these Terms shall apply and, moreover, all of Your Content meeting the definition of Your Personal and Health Information shall be governed by our Privacy and Security Policy and upon termination of your Account, the Rights Granted with respect solely to Your Personal and Health Information shall terminate.
- Ownership. BHT and its licensors reserve sole and exclusive ownership of the Websites, all Information Gathering Tools, and all copyrights, patents, trademarks, and other intellectual property rights therein other than Your Content or content that would meet the definition of Your Content of other users of the Services (the “BHT Materials”). You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or through use of the Services. If you provides BHT with any suggestions, comments, or other feedback regarding any Offerings or potential Offerings (“Feedback”), you acknowledge that such Feedback will become the exclusive property of BHT, and BHT may use (or not use) any such Feedback in any manner and for any purpose, without compensation to you and without implying or creating any interest on your part in any of BHT’s products or services that may be based on such Feedback. You hereby irrevocably assign and agrees to assign to BHT all right, title, and interest in any Feedback you provide.
- Privacy and Security Policy. BHT’s Privacy and Security Policy is incorporated herein for all purposes and each Party agrees to the provisions contained therein. If any portion of these Terms conflicts with any portion of the Privacy and Security Policy, the Privacy and Security Policy shall govern for all purposes.
- Indemnity. You agree to indemnify and hold BHT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, or damages, including reasonable attorneys’ fees, resulting from a third-party claim arising out of your use of our Websites or Information Gathering Tools in violation of these Terms or your violation of any law or the rights of a third party.
- Warranty Disclaimer. TO THE EXTENT PERMITTED BY LAW, THE WEBSITES AND ALL INFORMATION GATHERING TOOLS, AND ALL CONTENT RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND BHT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, BHT SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY SERVICE OR PRODUCT OFFERED BY BHT WILL MEET ANY PARTICULAR REQUIREMENTS; (ii) THAT SERVICES OR PRODUCTS OFFERED BY BHT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) RELATING TO THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF YOUR USE OF THE BHT SERVICE OR ITS WEBSITES OR MOBILE APPS OR ANY COMMUNICATIONS, DATA, INFORMATION, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE FOREGOING. THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT BHT CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT BHT CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
- Limitation of Liability.
- Consequential Damages. IN NO EVENT SHALL BHT BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT, COVER, OR SUBSTITUTION GOODS OR SERVICES; LOSS OF USE, DATA, EQUIPMENT, PRODUCTS, BUSINESS OPPORTUNITIES, OR PROFITS; INTERRUPTION OF BUSINESS; TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO; OR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, REPUTATIONAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF BHT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN — SUCH COSTS, LOSSES, OR DAMAGES.
- Direct Damages Cap. EXCEPT AS SET FORTH BELOW, BHT’S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED, IN ANY EVENT, THE GREATER OF (I) $50.00 OR (II) THE AMOUNTS PAID BY YOU TO BHT FOR OFFERINGS PURCHASED BY YOU VIA A WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY.
- Scope and Exceptions. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ENTITLED (LIMITATION OF LIABILITY):
- SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW; AND
- REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES; AND IV. SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL APPLY IN ANY AND ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION IN THE EVENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- Governing Law. These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the State of California except for that portion relating to conflicts of laws. If you are located outside the United States, you disclaim the United Nations Convention on Contracts for the International Sale of Goods. The Federal and State courts in San Mateo County and Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. You expressly consent to the personal jurisdiction of, and venue in, such courts.
- Right to Modify Terms. BHT reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. A current version of these Terms will always be available via our Websites’ homepages. Your continued use of the our Website(s) and/or Information Gathering Tools after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access our Websites or Information Gathering Tools. It is your responsibility to regularly review these Terms. Should you have any questions regarding the specific terms contained in these Terms, please direct them to email@example.com.
- Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
- Limitation on Legal Actions. No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
- Relationship. You and BHT agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
- Waiver. The failure by either you or BHT to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of each applicable party.
- Entire Agreement. This Agreement, inclusive of the Privacy and Security Policy which has been incorporated herein, constitutes the complete and exclusive agreement of the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral, with respect to its subject matter.