Effective Date: June 18, 2020
Before we dive deeper into these Terms, please be aware of the following:
- By clicking on the "I Accept" button, the “Agree & Continue” button, the “Okay” button, or using any of our Services, including browsing any Buoy website, you represent that (a) you have read, understand and agree to be bound by these Terms, (b) that you are of a legal age to form a binding contract with Buoy, (c) that you reside in the United States, (d) you will answer any questions posed to you within the Services honestly and to the best of your knowledge, and (e) your use of the Services is entirely voluntary. If you do not agree to these Terms, please do not use the Buoy Services.
- Buoy is not a substitute for and does not provide professional medical advice, diagnosis, or treatment. The Buoy Services do not replace your relationship with any doctor or other qualified health care provider and may not be appropriate for all medical conditions or concerns. If you think you may be having a medical emergency, call your doctor or 911 immediately.
- If you use the Buoy Services through your employer, health plan, health care provider, or another entity or platform that participates in one of Buoy’s Enterprise Programs, your use of the Buoy Services may be subject to additional terms and conditions. For more information, see the “Using the Buoy Services” section of these Terms.
- The section entitled “Dispute Resolution” contains an arbitration agreement which will, with limited exceptions, require disputes between you and Buoy to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement, (x) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action of proceeding; and (y) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
- Any dispute or claim relating in any way to your use of our Services will be governed and interpreted by and under the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
- We may change these Terms from time to time. When changes are made, we will make the new Terms available on the Buoy website and update the date upon which the related terms and conditions are effective (the “Effective Date”). Any time we make material changes to these Terms, we will provide you with notice via email (if you have provided your email address to us). If you do not agree to the changes after receiving notice of such changes, you should stop using our Services. Otherwise, your continued usage of the Services will mean you accept those changes. Please regularly check the Buoy website to review the then-current Terms.
2. BUOY DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT
Our Services are not a substitute for professional medical advice, diagnosis, or treatment. Please read this section carefully.
The contents of the Buoy Services, such as text, information, data, graphics, images, and other material contained in the Buoy Services (“Content”), including general self-care or medication information, provider information, or providers that may available to you, is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. While Buoy endeavors to keep the Content current, health care information changes rapidly and, thus, the Content should neither be relied upon to be fully comprehensive nor interpreted nor construed in any way as a replacement or substitute for medical advice, diagnosis or treatment provided by your doctor or other qualified health care provider.
Always seek the advice of your doctor or other qualified health care provider with any questions you may have regarding a medical condition. It is important for you to discuss your treatment options, and any other questions that you may have, with your doctor or other qualified health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read in the Buoy Services.
If you think you may be having a medical emergency, call your doctor or 911 immediately.
We do not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. We encourage you to seek the guidance of your doctor or qualified health care provider if you feel that you, your family or someone that you know suffers from any conditions described on the Services. If you require urgent care, call your doctor or 911 immediately.
Buoy does not recommend or endorse any specific tests, doctors, physicians, health care providers, products, procedures, opinions, or other information that may be mentioned in our Services. Reliance on any information provided by Buoy, Buoy employees, others appearing on the Buoy Services at the invitation of Buoy, or other users of the Buoy Services is solely at your own risk.
Infants. Symptoms experienced by children under age 2 (“infants”) may be unique for that specific age group. At this time, our Services do not support, nor are they intended to support, symptoms that may be experienced by infants. Please do not use our Services for infants.
Sexually Explicit Material. Our Services may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Services.
3. USING THE BUOY SERVICES
This Section discusses information regarding using our Services, including the registration of a user account. Please read the below terms carefully.
By using the Buoy Services you acknowledge and agree that, no doctor-patient relationship exists between you and Buoy. You further understand that you are not communicating with a doctor or other medical professional while using the Buoy Services. As such, you waive any assumption, presumption, expression, interpretation, association, or other understanding related to the existence of a doctor-patient relationship between you and Buoy. As stated elsewhere in these Terms, Buoy is not a substitute for, and does not provide, medical advice, diagnosis, or treatment.
Accounts. You may use our Services whether or not you have an Account. In order to access certain features of the Buoy Services, though, you must have an Account. You may register an Account by registering with the Buoy Services. Whether or not you register for an Account, you agree that your use of our Services is entirely voluntary. When you use our Services, you may be required to provide us with Personal Information (as defined in Buoy’s Privacy Notice). We agree to collect and share your information in accordance with our Privacy Notice).
If you register an Account, you will be required to create a username and password. By registering for the Buoy Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (the “Registration Information”); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. You are responsible for protecting your username and password from unauthorized use, and you are responsible for all activity that occurs on your Account. Buoy is not responsible for loss or damage caused by your failure to safeguard your username and password. If you believe that your Account has been or may be used without your permission, please contact us in accordance with the “Contact Us” section of these Terms.
If you register an Account, we also may ask you to provide specific information to enhance your user experience. You may be required to update this information from time to time.
License to Our Services. Subject to these Terms, Buoy grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access our Services for your own internal, non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Services or any intellectual property rights related thereto without Buoy’s express prior written permission.
You are responsible for your access to our Services, including but not limited to any equipment, software, and fees incurred, such as Internet or mobile fees.
In using our Services, you agree that:
- You will not license, sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any of our Services;
- You will not frame or utilize framing techniques to enclose any trademark, logo, or other portion of our Services (including images, text, page layouts, or forms);
- You will not use any metatags or other "hidden text" using our name or trademarks;
- You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- You will not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in our Services (except to the extent that Buoy grants public search engine operators revocable permission to use spiders to copy materials from our Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- You will not access our Services to build a similar or competitive website, application, or service;
- Except as expressly stated herein, no part of our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and
- You will not remove or destroy any copyright notices or other proprietary markings contained within our Services.
If we have reason to believe that you are using our Services in breach of any of these Terms, we have the right to suspend or terminate your use of the Services, including your Account, and refuse permission for you to use our Services now or in the future. You agree not to use the Services if you have been previously removed or banned by Buoy. Unless we have expressly agreed to otherwise, we are not obligated to provide you with the reason for suspending or terminating your access to our Services.
Additional Terms. In addition to these Terms, certain additional terms and conditions may apply to specific features or in specific circumstances when you use the Buoy Services. These additional terms are below:
- On Behalf of Someone Else. If you use our Services on behalf of someone else, such as a friend or family member, you represent and warrant that you have the authority to use our Services on behalf of that someone else.
- Children under Age 13. Our Services are not directed to children, and we do not knowingly collect personal information from children under age 13. If you are a child who is under age 13, please stop using our Services immediately. If you believe that a child under age 13 has given us personal information, please contact us in accordance with the “Contact Us” section of these Terms.
- Additional Services. In some instances, you may be able to access, schedule, or otherwise use services provided by a third party, such as telehealth services, testing services, or other services related to your health, via the Buoy Services (the “Additional Services”). These Additional Services are not provided by Buoy. These Additional Services are provided by third parties and may be subject to additional terms and conditions. See the “Third Parties & Third-Party Licenses” section of these Terms for more information. Buoy may ask you to provide information in association with your use of these Additional Services, subject to our Privacy Notice).
- Enterprise Programs. If you use our Services through your employer, health plan, health care provider, or another entity or platform that participates in one of Buoy’s enterprise programs (“Enterprise Program”), you acknowledge and agree that your use of these Services may be subject to additional terms and conditions set forth between Buoy and that entity or platform (the “Supplemental Terms”), and any Supplemental Terms are hereby incorporated by reference as they may apply. Buoy may make the Supplemental Terms available to you as part of the Enterprise Program. For more information about the Supplemental Terms that may govern your use of our Services through an Enterprise Program, please contact the entity that sponsors your access to the Buoy Services.
- Back with Care™. Your employer may engage Buoy to provide you with access to Buoy’s return-safely-to-work service, Back with Care™. In these instances, the Back with Care™ service may be made available to you through your employer. Back with Care™ helps support safe re-entry into the workplace by assessing certain risk factors, exposures, and illnesses, such as COVID-19. Your employer may use this assessment to determine whether it is safe for you to return to the workplace. This decision is made solely by your employer, and any questions about your safety in the workplace should be directed to your employer. Like the other Buoy Services, Buoy’s Back with Care™ service is not, nor intended to be, a substitute for medical advice, diagnosis, or treatment.
- Medical Emergencies. In certain scenarios within the Buoy Services, our algorithms may determine that you might be experiencing a medical emergency based on the information you have provided to Buoy while using the Services (for example, if the information you provide suggests that you are having a cardiac event). In these instances, you will be prompted to call your doctor or 911 immediately. Whether you follow this instruction or not, you understand that you do so at your own risk.
- Medical Emergency Calls. Buoy does not provide an emergency 911 call service. In certain scenarios within the Buoy Services that suggest the existence of symptoms consistent with medical emergencies, you may be prompted with the ability to make emergency 911 calls. By clicking on this prompt, your device will initiate a call to 911. Should you choose to call 911 after receiving such a prompt, you acknowledge and agree that it is your sole responsibility to ensure that the device that you are using to make emergency 911 calls has the proper broadband, Internet, telecommunications, or similar connection or services to connect the call. You also acknowledge and agree that, any network outage, congestion, interruption, or other disruption to the Buoy Services or the services provided by your telecommunications provider or Internet Services Provider may prevent the proper functioning of the emergency 911 call feature. Finally, you acknowledge and agree that your device, telecommunications provider, Internet Services Provider, and/or your local emergency services call center may not be properly equipped to automatically communicate or detect your location and that you should, where possible, verbally disclose your location to your local emergency services call center. In no instance will Buoy be held responsible for any harm that may result from any connection, equipment, or device failures or other malfunctions, service outages or congestions or interruptions or other disruptions, or failure to properly identify your location. You are in no way required to take any action, including calling 911, based on the appearance of a 911 emergency prompt within the Buoy Services.
- Text Messaging. We may communicate to you via text message (“Text Messaging”). To use Buoy’s Text Messaging service on behalf of yourself or someone else, you must be age 13 or older, reside in the United States, and be authorized to communicate with Buoy. By submitting your telephone number to Buoy for this service, you (a) represent and warrant that you are age 13 or older, and (b) reside in the United States. You also agree to receive communications from Buoy from time to time. Your consent is valid for up to one year. You will always have the ability to stop/opt out, in accordance with our Privacy Notice). Message and data rates may apply. If you are experiencing any issues with Buoy text message communications, please contact us in accordance with the “Contact Us” section of these Terms.
- General Medication Information. Some portions of the Buoy Services may include general information related to medication associated with certain symptoms (“General Medication Information”). This information is provided to you for self-education purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment. You are in no way required to take any action based on the appearance of General Medication Information within the Buoy Services. If you take any action in reliance upon this information provided, you understand and agree that you are doing so at your own risk.
- General Self-Care Information. Some portions of the Buoy Services may include general instructions related to care that can help relieve certain symptoms (“General Self-Care Information”). This information is provided to you for self-education purposes only and is not intended to be a substitute for medical advice, diagnosis, or treatment. You are in no way required to take any action based on the appearance of General Medication Information within the Buoy Services. If you take any action in reliance upon this Self-Care Information, you understand and agree that you are doing so at your own risk.
- Third-Party Materials. Some portions of the Buoy Services may include links to Third-Party Materials. The links to these services are provided only for convenience to you and may be subject to additional terms and conditions. See the “Third Parties & Third-Party Licenses” section of these Terms for more information.
- User Stories. You may choose to share information with us related to a recent personal illness and/or treatment experience (each, a “User Story”). We collect and store the information you provide us related to your User Story in accordance with our Privacy Notice. We are not obligated to publish nor are we required to respond to any User Story we receive. We reserve the right, in our sole discretion, to edit, condense, or otherwise modify any User Story. Buoy cannot and does not guarantee that it will post each User Story or that each User Story will not be offensive, defamatory, or objectionable. Buoy has no obligation to delete content within a User Story that you personally may find objectionable or offensive. Buoy does not guarantee the accuracy, integrity, or quality of each User Story. In addition to other disclaimers found in these Terms, Buoy does not endorse or make any representations or warranties with regard to the accuracy, completeness, or timeliness of any content posted on the Services. By submitting your User Story to us, you acknowledge and agree that any information or content that you provide may be viewed by the general public and will not be treated as private or confidential. Please do not submit any sensitive information to us in your User Story.
- Ratings and Feedback. When you rate or submit feedback to Buoy, you agree to do so at your own risk and that Buoy has no obligations (including obligations of confidentiality) for such ratings or feedback. By submitting your ratings or feedback to Buoy, you grant to Buoy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right and license to perform, distribute, modify, reproduce, create derivative works of, and otherwise commercially or non-commercially use all that information in any manner determined solely by Buoy and in accordance with our Privacy Notice). We may use or otherwise incorporate your ratings or feedback into our Services without payment or condition to you.
- Referral Programs. Friends, family, and co-workers may encourage each other to use the Buoy Services. Any referrals are subject to our Privacy Notice and may be subject to additional terms and conditions, which will be made available to you in association with the applicable referral program.
This section explains information about where we operate the Buoy Services.
Buoy is controlled and offered by us from the United States; accordingly, these Terms and your use of the Buoy Services are governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. Any or all of our Services may be accessed from countries around the world and may contain references to features and content not available in locations other than the United States. These references do not imply that Buoy intends to announce such services or content in these locations. Buoy makes no representations that the Services are appropriate or available for use in other locations. Access to or use of the Services from other locations are not permitted.
We do not represent or warrant that the Buoy Services or any functionality or feature thereof is appropriate or available for use in any particular jurisdiction. If you choose to access or use the Buoy Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable laws, rules, and regulations.
5. THIRD PARTIES & THIRD-PARTY LICENSES
This section explains how we use third-party content, including links, to create a better user experience for you. Buoy does not endorse or recommend any third-party services available to you via our Services.
Third-Party Materials. As part of your experience with the Services, Buoy may provide you with third-party content, including links to websites or services not affiliated with Buoy (i.e., the Additional Services) and content, designs, media (including audio and visual media), data, applications, and other software, services, or similar material of a third party (together, “Third-Party Materials”) in connection with our Services. These Third-Party Materials are provided only as a convenience to you and do not constitute or imply an endorsement or recommendation by Buoy of the third party or the Third-Party Materials. Buoy is not responsible for the availability of the Third-Party Materials included within our Services. Buoy also does not make any representations or warranties regarding the Third-Party Materials or any of the third-party’s related products, services, content, accuracy, or availability. Your use of any Third-Party Materials is at your own risk and subject to the terms and conditions set forth by the third party. In the event that Buoy has entered into a financial relationship with any third party, Buoy may disclose that relationship to you.
Third-Party Licenses. Third-Party Materials may be governed by different or additional terms and conditions found in such Third-Party Materials, on a web page specified by Buoy, in the Special Terms made available to you, or, if the Third-Party Materials are provided to you as part of an Enterprise Program, Supplemental Terms (together, the “Third-Party Terms”). For example, Buoy uses the Crunchbase 2013 Snapshot © 2013, in accordance with the CC BY 4.0 license. You are responsible for obtaining, understanding and complying with all Third-Party Terms. Buoy has no responsibility or obligation for (a) any Third-Party Materials or your use of the Third-Party Materials or (b) the Third-Party Terms or your compliance with the Third-Party Terms. For more information about the Supplemental Terms that may govern these Third-Party Materials as part of an Enterprise Program, please contact the entity that sponsors your access to the Buoy Services
In some cases, Buoy may use a third-party payment processor to collect and process any payments submitted to Buoy online. Your use of this service is subject to the Third-Party Terms of that third-party payment processor, which will be made available to you before you submit any information or your payment is processed.
6. COPYRIGHT & TRADEMARK INFORMATION
This section provides information about the intellectual property rights in connection with the Services. It also explains what to do if you believe the Services infringe your copyright.
Our Services, and the information contained therein, including but not limited to all software and algorithms underlying the operation of the Services, and all copyrights and trademarks, are the property of Buoy and its licensors, and are protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws. “buoy” and the related graphics, logos, service marks, and trade names used in connection with the Buoy Services are the intellectual property of Buoy Health, Inc. under the applicable laws of the United States and/or other countries. All other product names and their related graphics, logos, service marks, and trade names are the intellectual property of their respective owners.
Buoy respects the intellectual property rights of others, and we ask that you do the same. Buoy may suspend access or terminate access by any user (whether registered or not) that we have reason to believe has violated or may have violated another’s intellectual property rights.
DMCA Notice. If you believe that your work has been copied within the Buoy Services in a way that constitutes infringement, you may request removal of that material from the Services by contacting Buoy’s copyright agent (identified below). In so doing, please provide the following information:
- The copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy of the location (for example, the URL) of an authorized version of the work;
- The material that you believe to be infringing and its location. Please describe the material, the URL, and any other pertinent information that will allow Buoy to locate the material;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good-faith belief that the complained of misuse of the materials is not authorized by the copyright owner, its agent, or the law;
- A statement that the information that you have supplied is accurate, and indication that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Buoy’s agent for copyright issues related to the Services is: Cory Lamz, 580 Harrison Ave., Suite 1W, Boston, MA 02118, email@example.com.
7. YOUR INFORMATION
This section explains our commitment to you, and your commitment to us, related to the information you provide us when you use the Services.
We take your personal information very seriously. Please see our Privacy Notice for a description of how we may collect and use your personal information.
Your Responsibilities. By using our Services, you agree that you are solely responsible for any and all of the information that you upload, post, email, transmit, provide, or otherwise share with Buoy on behalf of yourself or someone else, such as a friend or family member (in any instance, “Your Information”). You represent that (a) you have all rights necessary to submit Your Information to us, (b) Your Information is true, accurate, and current, and (c) Your Information does not violate these Terms. Buoy has no obligation to pre-screen Your Information, but we reserve the right, in our sole discretion, to pre-screen, refuse, or remove any of Your Information with or without notice to you. Unless expressly provided in writing elsewhere or as required by law, Buoy has no obligation or responsibility for the accuracy of Your Information or the storage, deletion, transmission, failure to transmit, or receipt of the transmission of Your Information.
If you provide any information that is false, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that Your Information is false, inaccurate, not current or incomplete, Buoy may suspend or terminate your use of the Services.
Your Rights. You have certain rights related to the information you provide to us, such as the right to access. You may access Your Information from your Account. If you have not registered an Account, it may not be possible for Buoy to provide you with access to Your Information. For more information about your rights to Your Information, please see our Privacy Notice.
Our License to Your Information. By using the Services, with the exception of any personally identifiable information you submit (which may be governed by the Health Insurance Portability and Accountability Act of 1996 as amended (“HIPAA”) or related state-specific privacy laws and regulations) (collectively, the “Excluded Content”), you grant to Buoy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise commercially or non-commercially use Your Information in any manner determined solely by Buoy. Subject to our Privacy Notice and any applicable privacy laws and regulations, you grant to Buoy a worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Excluded Content (in whole or in part) for the purposes of operating and providing our Services to you. Our license to Your Information will survive any termination of these Terms.
You will not (and will not permit any third party) to take any action or make available any of Your Information on or through our Services that:
- Infringes any intellectual property rights, moral rights, right of publicity, or other right of any person or entity;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- Interferes with or attempt to interfere with the proper functioning of our Services or uses our Services in any way not expressly permitted by these Terms; or
- Engages in, or attempts to engage in, any potentially harmful acts that are directed against Buoy or our Services, including but not limited to violating or attempting to violate any security features of our Services using manual or automated software or other means to access, "scrape," "crawl," or "spider" any pages of our Services, introducing viruses, worms, or similar harmful code into our Services, or interfering or attempting to interfere with use of our Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" our Services.
8. DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
This section includes information related to your use of the Services, particularly if things go wrong.
Disclaimers. Your use of the Buoy Services is at your own risk. When using our Services, Your Information may be transmitted over a medium that is beyond Buoy’s control. We assume no liability relating to the delay, failure, interruption, or corruption of any of Your Information or other information transmitted in connection with your use of the Services.
You acknowledge and agree that, to the extent permitted by applicable law, our Services are provided on an "as is" and "as available" basis, with all faults. Buoy disclaims all warranties, representations, and conditions, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery, or system integration.
Limitation of Liability. By using our Services, you understand and agree that in no event will a Buoy Party (as defined below) be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages resulting from the use of, or inability to use, the Services or the content of our Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Buoy Party is advised of the possibility of such damages. Under no circumstances will any or all Buoy Parties be liable to you for more than $100.00 USD. The foregoing limitations of liability will not apply to liability of the Buoy Parties for (a) death or personal injury caused by Buoy’s gross negligence, or (b) for any injury caused by Buoy’s fraud or fraudulent misrepresentation. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Buoy.
A “Buoy Party” or the “Buoy Parties” includes Buoy Health, Inc., and those third parties that are connected to your use of the Services, and any of Buoy or such third parties’ officers, directors, employees, agents, licensors, and suppliers.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnification. You agree to defend, indemnify, and hold the Buoy Parties harmless from and against any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Information; (b) your misuse of the Services; (c) your violation of these Terms; (d) your violation of any rights of another party, including any other users; or (e) your violation of any applicable laws, rules or regulations. Buoy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the Buoy Parties for any unconscionable commercial practice, such as fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with our Services. You agree that this section will survive any termination of your access to the Services, your Account, or these Terms.
This Section provides information about Buoy’s rights if we determine that you have violated or may have violated any of these Terms.
Buoy respects our users and we expect our users to respect us in return. If Buoy believes that you violated, or may have violated, these Terms, we reserve the right to take action, including the right to investigate such violations. Buoy will not be liable to you for any suspension or termination of your Account or access to our Services, including for the deletion of Your Information.
If we come to believe that you have breached any portion of these Terms or have otherwise demonstrated conduct inappropriate for the Buoy Services, we reserve the right, but are not obligated, to: (a) warn you via email; (b) delete any of Your Information; (c) suspend or terminate your Account; (d) suspend or terminate your access to the Services; (e) notify and/or send Your Information to and/or fully cooperate with the proper law enforcement authorities for further action, in accordance with our Privacy Notice; or (f) pursue any other action which Buoy may deem to be appropriate.
If we come to believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, the appropriate legal authorities.
10. TERM & TERMINATION
This section explains when these Terms begin and end.
Term. These Terms commence on the date when you accept them and remain in full force and effect while you use our Services, unless terminated earlier in accordance with these Terms.
Termination. You may terminate your Account by following the instructions in the “Deleting Your Account” section in our Privacy Notice. You may terminate access to our Services by ceasing all use of our Services. Subject to applicable law, Buoy reserves the right to maintain, delete or destroy all Content, including Your Information and Excluded Content posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. All provisions of these Terms that, by their nature should survive, will survive termination of your Account or access to the Services, including but not limited to licensing rights, warranty disclaimers, and limitations of liability.
11. DISPUTE RESOLUTION
This Section explains that you must arbitrate disputes with Buoy rather than resolve any disputes with Buoy in a court proceeding. This Section also limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to your access or use of the Services or to any aspect of your relationship with Buoy will be resolved by binding arbitration rather than in court (the “Arbitration Agreement”). However, you may assert claims in small claims court if your claims qualify. Also, you or Buoy may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement includes, but is not limited to, all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms. This Arbitration Agreement will survive the termination of your relationship with us. This Arbitration Agreement is subject to the Federal Arbitration Act.
Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, the Corporation Trust Company at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000.00 USD, not inclusive of attorneys' fees and interest, will be subject to JAMS' most current version of the Streamlined Arbitration Rules and Procedures; all other claims will be subject to JAMS' most current version of the Comprehensive Arbitration Rules and Procedures. JAMS's rules are also available on the JAMS website or by calling JAMS at 800-352-5267.
If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Buoy will pay them for you. In addition, Buoy will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000.00 USD unless the arbitrator determines the claims are frivolous.
Authority of Arbitrator. The arbitrator will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Buoy. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Buoy.
Waiver of Jury Trial. You and Buoy hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. Instead, you and Buoy will resolve all claims and disputes by arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. An arbitrator can award the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Collective Relief. All claims and disputes within this Arbitration Agreement must be arbitrated on an individual basis, not on a class or collective basis. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts in Suffolk County, Boston, Massachusetts, United States. All other claims will be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Buoy via email to firstname.lastname@example.org or via mail to the following address: Buoy Health, Inc., 580 Harrison Ave., Suite 1W, Boston, MA 02118. You must opt out within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and the statement, “I want to opt out of the Arbitration Agreement.” If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Buoy.
If Buoy makes any future material change to this Arbitration Agreement, you can reject that change within 30 days of such change becoming effective by contacting Buoy via email to email@example.com or via mail to the following address: Buoy Health, Inc., 580 Harrison Ave., Suite 1W, Boston, MA 02118.
Severability of Arbitration Agreement. Except as provided in the subsection entitled "Waiver of Class or Other Collective Relief" above, if it turns out that a portion of this Arbitration Agreement is not enforceable, then that portion will be severed. The remainder of this Arbitration Agreement will remain in full force and effect.
This Section provides general terms related to how you and Buoy communicate and otherwise interact with each other.
Consent to Electronic Communications and Notice. The communications between you and Buoy use electronic means, whether you access the Services or communicate with us via email or whether we post notices on the Site. For contract purposes, (a) you consent to receive electronic communications from Buoy, and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other communications that Buoy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a physical writing. The foregoing does not affect your statutory rights.
Where Buoy requires that you provide an email address to us, you are responsible for providing Buoy with your most current email address. In the event that the last email address you provided to Buoy is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Buoy’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may notify us at the following address: Buoy Health, Inc., 580 Harrison Ave., Suite 1W, Boston, MA 02118. Such notice will be deemed given when received by Buoy by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the preceding address.
Release. You hereby release Buoy and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Buoy or for Buoy’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with our Services provided hereunder.
No Assignment or Transfer. You may not assign, subcontract, delegate, or otherwise transfer any of your rights or obligations set forth in these Terms. If you attempt to do so, such transfer will be null and void.
Force Majeure. We are not liable for any delay or failure relating to the Buoy Services that results from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Exclusive Venue. To the extent that you or Buoy are permitted under these Terms to initiate litigation in a court, both you and Buoy agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in Suffolk County, Boston, Massachusetts, USA. You and Buoy consent to personal jurisdiction in those courts.
Governing Law. These Terms and any action related to these Terms will be governed, interpreted by, and under the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
No Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be a waiver of any other provision or of such provision on any other occasion.
Severability. If it turns out that a portion of these Terms is not enforceable, then that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties. This will not affect any other terms.
Imports and Exports. You may not use, export, import, or transfer the Services or any portion thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
Order of Precedence. In the event that you use the Buoy Services as part of an Enterprise Program, these Terms, in conjunction with Buoy’s Privacy Notice, will take precedence over any conflicting terms and conditions included in the Supplemental Terms unless expressly agreed to otherwise between Buoy and the entity or platform that sponsors your access to the Buoy Services.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at 800-952-5210, or by email at firstname.lastname@example.org.
Complete Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
13. CONTACT US
This section includes instructions on how to communicate with us.
If you have any questions about these Terms, please contact email@example.com.
Please note that email communications are not always secure. Please do not include health information or other sensitive information in your email to us.