Terms of Use

Effective Date: October 2, 2008

Welcome to the website for Better HealthTM, http://www.getbetterhealth.com, operated by Better Health LLC. The following terms constitute an agreement between you and Better Health LLC, the operator of the Site (“we” or “us”). This agreement (“Terms of Use”) governs your use of the Site.

We do not provide medical advice, diagnosis or treatment, or advice about what providers to use. The Site is an informational resource for you, and we hope a valuable one, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own needs.
As with any website providing information, there are rules about what you can and can’t do, what we will and won’t do, and what promises we do and don’t make to you. Please read this Terms of Use Agreement carefully because we want to be sure you understand and accept them before you use this Site.

BY USING THE SERVICE, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the District of Columbia any dispute that you may have with us, our suppliers or the Site. PLEASE NOTE THAT WE OFFER THE SITE “AS IS” and WITHOUT WARRANTIES.

1. About the Site
The Site contains a range of information and tools relating to health and wellness. There may be articles, images, videos, blog entries and other content (“Information”) that we have written or commissioned from medical writers, as well as user-submitted content.

2. Changes to these Terms of Use
These Terms of Use govern your relationship with us and our suppliers. We may change these Terms of Use at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site, we will let you know by noting on the Site that the Terms of Use have been updated. If you disagree with the changes to these Terms of Use, please discontinue your use of the Site. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Use regularly.

3. Posting content to our Site
In order to post content to our Site, you must provide some basic information to us about yourself, such as your email address, name and your date of birth. You will also select a username that will be your “nickname” on the Site. You agree not use a username that is vulgar, attempts to impersonate another person or violates the rights of others.

4. Your personal information
The Better Health Privacy Policy explains the information practices that apply to the personal information that we have about you, as well as the choices you can make about the ways this information is used. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us.

5. Your responsibilities
You may use the Site for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking or any other means. We may take any and all legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

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

7. No spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. We may terminate your access to the Site immediately and take other legal action if you violate these provisions.

8. Content that you post or submit
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.

You are responsible for the content that you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the Site, you grant us the right to remove any content or comment that, in our sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant us the right to modify, adapt and/or edit any content.

In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site, and that we will own all intellectual property that we create based upon or incorporating your feedback.

All of the Information available on or through the Site is owned by us, our suppliers and our contributors, and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. You may print, download and store articles and other information for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Information nor exploit the Information for commercial gain. Contact us for information on how you can request limited permission to reproduce certain Information from the Site.

9. Advertising
Please keep in mind that any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.

10. Linking to this website
You generally do not need to obtain permission from Better Health to put a text link on your site that links back to the gettingbetterblog.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website:

  • The link must be a text-only link that clearly includes the phrases “getbetterhealth.com” or “Better Health”.
  • The link must “point” to a page on www.gettingbetterblog.com.
  • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Better Health’s good name and trademarks.
  • If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page. For example, if the link points to the TV Show area of the Site, the link should include the words “Getting Better TV.”
  • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by or endorsed by Better Health.
  • The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows.
  • The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

11. Sweepstakes and contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the contest, sweepstakes or game, and which will be presented to you at the time you choose to participate in a contest, sweepstakes or game.

12. International use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative, and you are responsible for compliance with local laws.

13. We make no warranties
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we make no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, we make no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action or application of medication.

Under no circumstances, as a result of your use of the Site, will we be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, we shall have absolutely no liability in connection with the Site for:

  • damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
  • any loss or injury caused, in whole or in part, by our actions, omissions or negligence, or for contingencies beyond our control, in procuring, compiling or delivering the Information;
  • any errors, omissions or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
  • any decision made or action taken or not taken in reliance upon the Information.

14. We do not provide medical advice
We provide the Information on the Site for informational purposes only. We do not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to us does not create a physician-patient relationship between you and us. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site. Your access, or use of, this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific medical tests, physicians, procedures, medical opinions or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

15. General limitation of liability
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

16. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless to us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

17. Age restriction
The Site is intended for persons eighteen (18) years of age or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.

18. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Choice of Law and Location for Resolving Disputes
You agree that the law of the District of Columbia governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the District’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the District of Columbia. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

20. Assignment
We may assign this contract at any time to any affiliated company or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site and/or subscription to our newsletter if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to anyone else.

21. Trademarks
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Better Health Group PLLC, The Getting Better Blog, Getting Better TV, Getting Better Cartoons and the Getting Better Store. No right, license nor interest to such trademarks is granted by this Agreement.

22. Legal notice
We can be contacted at the address listed in the “Contact Us” section of this Site. Legal notices shall be sent to Better Health at the following address: Better Health PLLC, Attention: Val Jones, MD 1830 Jefferson Place NW, Suite 7, Washington, DC 20036 Notice will be considered given upon receipt. We are entitled to assume that any address information that you provide to us is correct, and we may contact you at such address. Notice will be considered given when sent.