Terms Of Service

Welcome to BandHealth operated by BandHealth, Inc. (“BandHealth”, “we,” or “us”), an online community that connects patients, family members, caregivers, and professionals. By using this online community (the “Services”), you agree to be bound by these Terms of Use (the “Terms"). If you wish to use the Services and communicate with others, read these Terms and indicate your acceptance of them by using the Services. 

These Terms set out the legally binding terms of your use of the Services and may be modified at any time and without prior notice, such modifications to be effective upon posting on BandHealth website. Your continued use of the Services after any modifications are posted constitutes your consent to such modifications. These Terms include our acceptable use policy for content posted on the Services and notices regarding the Website.

BandHealth provides the Services to promote a community to connect patients, caregivers, family members, and professionals. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND BandHealth IS NOT LICENSED TO PROVIDE MEDICAL DIAGNOSES, TREATMENTS, OR OTHER MEDICAL SERVICES THAT ARE PROVIDED BY DOCTORS, PHARMACISTS, NURSES, OR OTHER MEDICAL PROFESSIONALS. THE INFORMATION, DATA, TEXT, SOFTWARE, SOUNDS, GRAPHICS, VIDEO, MESSAGES, POSTS, TAGES, AND OTHER MATERIAL APPEARING ON BandHealth (“CONTENT”) DO NOT CONSTITUTE MEDICAL ADVICE AND IS NOT THE PRACTICE OF MEDICINE.

YOU MAY NOT USE THE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY OF THE SERVICES MAY BE TERMINATED IMMEDIATELY IN BandHealth'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON.

Eligibility

Subject to the terms and conditions of these Terms, BandHealth grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. The foregoing license to the Services shall be solely for your personal, non-commercial use, and you shall not permit access to or use of your log-in credentials to the Services to any other person or entity. 

By using the Services and accepting these Terms, you represent and warrant that you have the right, authority, and capacity to enter into a binding contract and to abide by all of its terms and conditions.

You agree that when you register and use the Services, BandHealth may collect and use information about you and your use of the Services. You may also be required to provide certain information about yourself as a condition to using certain features or functionality of the Services, including third party materials, and the Services may provide you with opportunities to share information about yourself with third parties. All information we collect through or in connection with the Services is subject to our Privacy Policy, which is available on our website. By accessing and using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy, located at https://www.BandHealth.com/privacy-policy.

BandHealth may from time to time, in its sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, corrections, enhancements, improvements, and/or new functionality and features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BandHealth has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. All Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

We are committed to protecting the privacy of children. Our Platform is not designed or intended to attract children under the age of 18. We do not knowingly collect or solicit personal information from children under 18; if you are a child under 18, please do not attempt to register for or otherwise use the Platform or send us any personal information.You may use the Service only if you are at least eighteen (18) years old. You represent that you are at least eighteen (18) years of age and if you are under the age of eighteen (18), you may only use the Service under the supervision, or with the direct consent, of a parent or legal guardian who has agreed to any agreement you enter into while using the Service, including this Privacy Policy. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Service by your parent or legal guardian, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, and we have not received your parent’s or legal guardian’s consent, we reserve the right to prohibit and block such User from accessing the Service and will make all efforts to promptly delete any personal information.

Term

These Terms will remain in full force and effect while you use the Services and/or register for an account. You may deactivate your membership at any time by emailing support@BandHealth.com  including “DEACTIVATE” in the subject line.  BandHealth may terminate your membership at any time for any reason. In the event of deactivation or termination, other sections of these Terms will remain in effect.

Noncommercial Use by Members

The Services are for the personal use and enjoyment of individual users only and may not be used in connection with any commercial endeavors. You may not use or copy Content from BandHealth or the Services for use with any other product or service, and illegal or unauthorized uses of the Services are prohibited.

Intellectual Property Rights

BandHealth either owns or is licensed to use all proprietary rights in the Services, including all copyrights, trademarks, and patent rights associated with the Services. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

As between BandHealth and you, BandHealth is and shall retain all right, title, interest to, and ownership of the Services and all intellectual property rights therein. The limited license granted to you per these Terms does not transfer title or any other interest in or to the Services or any of BandHealth’s intellectual property rights therein, and you hereby disclaim any right, title, and interest that you may have or gain therein. To the extent any intellectual property rights in the Services might, for any reason, otherwise vest in you, you hereby unconditionally and irrevocably assign to BandHealth all such intellectual property rights. You shall not contest or aid in contesting the ownership or validity of BandHealth intellectual property rights or any applications or registrations relating thereto.

You hereby grant BandHealth a perpetual, royalty-free, non-exclusive, worldwide, transferable, and sublicensable license to access and use all information, data, images, and property of any kind uploaded or contributed by you into the Services (“Uploaded Data”) for any legal purpose related to the the Services, including the provision of services by BandHealth. You are and will remain the sole and exclusive owner of all right, title, and interest in and to all Uploaded Data, including all intellectual property rights relating thereto to the extent there are any such intellectual property rights. Subject to the license granted herein, BandHealth will not take any actions or engage in conduct inconsistent with your ownership of the Uploaded Data. YOU HEREBY REPRESENT, WARRANT, AND CERTIFY THAT YOU (A)(I) ARE THE SOLE OWNER OF ALL INFORMATION, DATA, IMAGES, AND PROPERTY OF ANY KIND UPLOADED OR CONTRIBUTED BY YOU INTO THE SERVICES, AND/OR (II) HAVE BEEN GRANTED PERMISSION OR OTHERWISE AUTHORIZED BY THE APPLICABLE OWNER(S) OF ALL INFORMATION, DATA, IMAGES, AND PROPERTY OF ANY KIND UPLOADED OR CONTRIBUTED BY YOU INTO THE SERVICES, AND (B) YOU ARE NOT VIOLATING THE RIGHTS OF ANY THIRD PARTIES BY UPLOADING SUCH INFORMATION, DATA, IMAGES, AND PROPERTY.

If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to BandHealth, whether by letter, email, telephone, or otherwise (“Feedback”), all such submissions are made on a non-confidential basis and BandHealth has no obligation to review, consider, or implement such Feedback, and you shall grant herewith to BandHealth an exclusive, transferable, worldwide, royalty-free, fully-paid-up license (including the right to sublicense) to use, reproduce, modify, disclose, and otherwise exploit such Feedback as BandHealth may determine in its sole discretion without any compensation or attribution. You waive and agree not to assert any so-called “moral rights” you may have in the Feedback, and you understand and agree that BandHealth  is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Registration

While you can view some features of the Services without registering, you must register to use all of the features of the Services, including to post a profile, to post other Content, or to communicate with other users. When you register for the Services, you are required to provide certain information and are provided an opportunity to create a profile containing additional, optional information. We will send you an email at the address you provide or a SMS message at the phone number you provide to confirm your account, after which your account will be activated. You will be asked to select a username and password.

You must provide us with current, complete, and accurate information as requested by the registration form. You are responsible for ensuring the accuracy of the personal information you provide to BandHealth.

After you have completed the registration form, you may be asked to choose a user identification (username) and password. Usernames are subject to BandHealth’s approval and may not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities that occur under your account. You agree to notify BandHealth immediately of any unauthorized use of your account. BandHealth is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

If the Services do not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.

Policy Regarding Postings

After you have registered, you will be able to post Content on BandHealth and communicate with other users and organizations. You are solely responsible for the Content that you publish or display or transmit to others via the Services. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BandHealth an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

BandHealth does not control and is not responsible for any notes, messages, billboard postings, photographs, profiles or other materials posted or delivered to BandHealth by you or others. BandHealth is not obligated to and does not regularly review, monitor, delete, or edit postings. However, BandHealth reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of these Terms with or without notice. You agree that you have no recourse against BandHealth if we refuse to post, or if we delete or refuse to delete, any post by you or others.

You agree that you will not:

  • Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes, without BandHealth’s express prior written consent. The number of postings by any user is subject to reasonable limits at the discretion of BandHealth.

  • Post or deliver any advertisement or solicitation via the Services to buy or sell any products or services, or engage in commercial activities and/or sales, without our prior written consent.

  • Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.

  • Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability.

  • Post or deliver, or provide links to, any postings containing defamatory, false or libelous material.

  • Post or deliver information that you know or have reason to believe is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

  • Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

  • Post or deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.

  • Post or deliver information that violates our community guidelines.

  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.

  • Use the Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Services or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

  • Attempt to gain unauthorized access to the Services, any related website, other accounts, computer system, or networks connected to the Services, through hacking, password mining, or any other means.

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Service, including harvesting or otherwise collecting information about others such as e-mail addresses.

You are solely responsible and liable for postings delivered to BandHealth when using your account. Any violation of this provision can subject your BandHealth account to immediate termination and, possibly, further legal action.

We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from BandHealth and terminating the membership of such violators.

Fees

Access to and use of the Services are currently available without charge. We reserve the right to charge a fee for access to or use of the Services in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of the Services.

Disclaimer of Warranties

The information and opinions expressed in postings on BandHealth are not necessarily those of BandHealth or its content providers, advertisers, business partners, or related entities, or of any health association to which BandHealth is linked, and BandHealth is not responsible for any incorrect or inaccurate content posted on BandHealth, whether by BandHealth, its business partners, users, or due to equipment or computer programming associated with BandHealth. Under no circumstances will BandHealth be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, any content posted on BandHealth or transmitted to users, or any interactions between users of the Services, whether online or offline.

BandHealth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. BandHealth is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, mobile phone, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH BandHealth IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY BandHealth, THIRD PARTIES, OR OTHER USERS, ARE PROVIDED ON AN "AS IS" BASIS. BandHealth MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BandHealth DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BandHealth DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS BandHealth SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BandHealth DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS BandHealth WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Links

BandHealth may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and BandHealth is not liable or responsible for any of the content or services available at these sites.

Member Disputes

You are solely responsible for your interactions with other BandHealth users and others on BandHealth. BandHealth reserves the right, but has no obligation, to monitor disputes between you and other users.

Limitations on Liability

In no event shall any organization for whom BandHealth created a group within the Services, BandHealth, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in making available the Services and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Services or any information, software, products, services, and related graphics obtained through the Services; (vi) any transactions entered into through this Services; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Services or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Services, including death or personal injury. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if BandHealth has been advised of the possibility of damages.

Indemnification

You agree to indemnify and hold harmless BandHealth and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any these Terms.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between BandHealth and any user of the Services.

Choice of Law

These Terms shall be governed by, construed and enforced in accordance with the laws of the Delaware, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

Arbitration Agreement

Please read the following Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with BandHealth and limits the manner in which you can seek relief from BandHealth. Both you and BandHealth acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, BandHealth’s officers, directors, employees and independent contractors (“Personnel'') are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

  • Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

  • Costs of Arbitration. The Rules will govern payment of all arbitration fees. 

  • Small Claims Court; Infringement. Either you or BandHealth may assert claims, if they qualify, in small claims court in Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

  • Waiver of Jury Trial. YOU AND BandHealth WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY AND INSTEAD CHOSE TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION. You and BandHealth are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and BandHealth over whether to vacate or enforce an arbitration award, YOU AND BandHealth WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor BandHealth is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. 

  • Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1200 Clinton Street, Apt. 624, Hoboken NJ, 07030 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

  • Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or BandHealth to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and BandHealth agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, in Delaware, or the federal district in which that county falls. 

  • Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with BandHealth.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without BandHealth prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Modification of these Terms of Use

BandHealth may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.

European Union and Other Foreign Nations

BandHealth is governed by and operated in accordance with the laws of the United States of America and is intended for enjoyment of residents of the United States. BandHealth makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

Entire Agreement

You and BandHealth agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BandHealth, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BandHealth, and you do not have any authority of any kind to bind BandHealth in any respect whatsoever. Except as expressly set forth in the section above regarding the arbitration agreement, you and BandHealth agree there are no third-party beneficiaries intended under these Terms.

Contact

If you have any questions concerning this Agreement, you may send them by email to zach@band.health or via postal mail to:

BandHealth, Inc.

1200 Clinton St., Apt. 624

Hoboken, NJ 07030

Updated: January 11, 2024