Last updated: October 28, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.myuroflow.com website or our mobile app (the “Service”) operated by BE Technologies Inc. (“us”, “we”, or “our”).Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. We reserve the right, in our sole discretion and without notice to you, to revise our services and functionality, and to change, suspend or discontinue any aspect of the Service and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. Your continued use of the Service will constitute your acceptance of any such changes.
As a condition to using the Service, we ask that you create an account by registering with us directly. Your account on MyUroflow.com (your “MyUroflow Account”) gives you access to the services and functionality that we may establish and maintain from time to time.
APP LICENSE TERMS
Please note that it is your responsibility to ensure your mobile device meets all of the necessary technical specifications to enable you to access and use our MenHealth mobile app (“mobile app”).The mobile app will be provided to you in machine-readable object code only. The mobile app does not include the source code or any portions thereof. You shall have no rights with respect to the source code under these Terms. We shall make the mobile app available for download for you via the Internet. Please note that these Terms do not entitle you to any support or maintenance services, updates, upgrades, patches, enhancements, or fixes for the mobile app. We grant to you a non-exclusive license to install the mobile app on your compatible device and use the mobile app solely for your own personal use. You are not allowed to sub-license, sell, lease, or rent the mobile app or any part of it for a fee. In no event and under no circumstances, shall your use of the mobile app include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the mobile app, except to the extent expressly authorized by law.If you breach these restrictions, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that may replace and/or supplement the mobile app, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.You acknowledge and agree that your license does not grant you any ownership interest in the mobile app or Service or any exclusive rights to their use, and that these Terms do not grant you any claims to patents, trade secrets, trademarks or other rights pertaining to the mobile app or Service. You furthermore agree and acknowledge that the mobile app and Service and the material accompanying them are proprietary, confidential, and trade secrets of BE Technologies Inc., and that you will undertake all necessary steps and efforts to prevent unlawful or illegal distribution of such proprietary, confidential and trade secret information.You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
CHARGES AND PAYMENTS.
A. Purchase Authorization
The Service is not intended for use by anyone under the age of 18. By using the Service, or creating a MyUroflow Account, you represent and warrant that:You are 18 years of age or olderHave not been previously suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service Do not have more than one MyUroflow Account, and Enter into these Terms and in so doing will not violate any other agreement to which you are a partyIf you as an individual or organization wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your phone number. You represent and warrant that:You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; The information you supply to us is true, correct and complete; As part of our Purchase procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity.
B. Subscription Plans
We offer various subscription plans for individuals and organizations (providers) when they purchase an account with access to MyUroflow platform and MenHealth application (“Subscription Plan”). Subscription Plans vary between individual and organization accounts, and pricing depends on additional factors such as the number of patients and physicians who sign up for an organization account. We may amend fees and charges for existing Subscription Plans at our sole discretion upon advance notice to you. Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.
C. Billing and Payment
For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method, as described below, for so long as your MyUroflow account remains active. Subscription Plans may be offered for a set subscription period (each such period, a “Subscription Term”). If you elect to use a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout, at myuroflow.com/pricing, as otherwise posted or communicated to you, as we may update them from time to time. You must provide MyUroflow with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in United States dollars or in your currency, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. You will pay applicable taxes, if any, relating to any such transaction and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees. We currently use Braintree as our third party service provider for payment services, and by using MyUroflow you agree to be bound by Braintree’s Services Agreement, available at https://www.braintreepayments.com/legal.
If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.In the event you want to change or update payment information associated with your MyUroflow Account, you can do so at any time by logging into your MyUroflow account and editing your payment information.If you want to use a different payment card or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. It is your responsibility to keep your contact information and payment information current and updated.You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
Your subscription continues until cancelled by you or we terminate your access to or use of MyUroflow in accordance with these Terms. All Subscription Plans will automatically renew until cancelled by you for renewal terms equal in length to the original Subscription Term. If you do not want a Subscription Plan to renew, you must cancel it before the end of the Subscription Term by providing written notice to us of such cancellation by email to email@example.com or via your account settings page on your MyUroflow Account. If you purchase a Subscription Plan, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your subscription, using the payment information you have provided, until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.If we terminate your Subscription Plan, except in the event of your breach or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term. You are not entitled to a refund for any Subscription Plan that you cancel. If you cancel or terminate your Subscription Plan, your right to use MyUroflow will continue until the end of your then-current Subscription Term and then terminate without further charges.
F. Late Payments
Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection).G. Free TrialsFrom time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.Once your free trial ends, we (or our third party payment processor) is authorized to automatically charge your payment method for each month for as long as your subscription continues, unless you cancel your subscription in accordance with our Cancellation Policy.Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
The MyUroflow platform, MenHealth mobile application and its original content, features and functionality, including all intellectual property rights therein, are and will remain the exclusive property of BE Technologies Inc and its licensors. The Service is protected by copyright, trademark, and other intellectual property rights laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BE Technologies Inc.
You acknowledge and agree that all content (other than content that may be submitted by subscribers), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Service (collectively, “Content”) are our property or that of our licensors, and are protected by copyright, trademark and/or other intellectual property and proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Service. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on our Service are registered and unregistered trademarks of BE Technologies, Inc. Nothing contained on the Service should be construed as granting any license or right to use any trademark without our prior written permission.Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms are reserved by us.We may, in the future, allow you to upload content on the Service, including comments, messages, suggestions reviews and feedback. You may be able to share your content with other users via the Service. It must be emphasized that we cannot prevent other users from taking screen shots or captures or from downloading your content and subsequently making your content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your content that you have posted to the Service. If the potential for public dissemination of your content concerns you, please do not share that content.
Please note that recipients of content are not allowed to download or maintain a copy of such shared content.You, and not us, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Service. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, Intellectual Property Rights infringement claims regarding such content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Service.
We have the right, but no obligation to review any of your content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Service to use your content without violating any rights you might have in such content or any third party rights in such content. You may remove your content from the Service at any time; however, you acknowledge that we may retain archived copies of your content. You acknowledge that by using the Service, you may be exposed to user content that is offensive, indecent or objectionable.
By making your content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of your content. The rights you grant to us are for the limited purpose of operating and providing the Service, improving the Service, and allowing us to develop new services. The reference in this license to “derivative works” is not intended to give us a right to make substantive changes or derivations to your content, but does enable other users to redistribute your content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other content in connection with your content.Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
RESTRICTION ON USE OF THE SERVICE
You may use the Service only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Service.You agree not to use the Service for any of the following purposes:Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;Posting any information which is untrue, inaccurate or not your own;Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;Attempting to interfere in any way with our network security, or attempting to use the Service’ service to gain unauthorized access to any other computer system;Engage in any harassing, threatening, intimidating, predatory or stalking conduct;Use or attempt to use another Subscribers’ account;Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Service;Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access;Develop any third party applications that interact with contributed content or the Service without our prior written consent;Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;Express or imply that any statements you make are endorsed by us, without our specific prior written consent;Download lists of other users of the Service and use their information for your own business reasons;“Frame” or “mirror” any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other service or site for any purpose;Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;Create or send unsolicited messages or other electronic communications;Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or site/blogs repurposing existing stories (source hops); orIntentionally or unintentionally violate any applicable local, state, national or international law.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by BE Technologies Inc.BE Technologies Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.Links to third party sites are not endorsements or referrals of any products, services or information contained in such sites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.You acknowledge and agree that BE Technologies Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein.
THIRD PARTY CONTENT
We may display content, advertisements and promotions from third parties through the Service ( “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that We is not responsible or liable in any manner for such interactions or Third Party Content.
You agree to defend, indemnify and hold harmless BE Technologies Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BE Technologies Inc, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, licensors, successors and assigns (individually and collectively, the “BE Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service or Content, (b) any contributed content you create, post, share or store on or through the Service or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify us of any third party Claims and cooperate with the us in defending such Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
LIMITATION OF LIABILITY
In no event shall BE Technologies Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
IN NO EVENT SHALL THE TOTAL LIABILITY OF BE TECHNOLOGIES INC AND THE OTHER BE PARTIES (JOINTLY) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THESE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO US IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.BE Technologies Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will be accurate or meet your requirements.Our Service are not intended to diagnose, treat, cure or prevent any condition or disease. Our Service should be used strictly in accordance with its instructions, precautions and guidelines.Use of our Service is not meant to serve as a substitute for professional medical advice; please consult with your own physician or health care practitioner regarding the use of our Service or information received via the Service before using or relying on them.We do not give, or intend to give, any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on our Service.We cannot guarantee the accuracy, completeness, or usefulness of any information provided under our Service and do not accept responsibility for such information. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on such information. You should always seek the advice of a physician or registered dietitian for your own specific conditions.No oral information or advice provided by us, our agents or employees shall create a warranty or in any way.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
We specifically prohibit the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on these Service infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MODIFICATIONS TO THE SERVICE
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service (or any features or parts thereof at any time and without liability therefore.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service and to purchase Subscriptions, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you.
You agree that we may audit your use of the Service for compliance with these Terms at any time. In the event that such audit reveals any use of the Service by you other than in full compliance with these Terms, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance. You acknowledge that we shall have the right to enforce the provisions of these Terms directly against you and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.
SURVEYS AND FEEDBACK
We may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Our failure to partially or fully exercise any rights or the waiver of any breach of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Those provisions in these Terms that by their nature are intended to survive termination or expiration of this Agreement shall so survive.