Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

These BellBird Terms of Use (this “Agreement”) govern your use of our Services. You accept this Agreement either by using the Services, by indicating your acceptance on our website, or by executing a Services Agreement. This Agreement is effective as of the date of your acceptance (the “Effective Date”). This Agreement applies whether you are a casual visitor to the Site, a supplier or provider who provides Services to an individual BellBird subscriber  (a “Supplier”), or a subscriber who utilizes the Service to get information about their BellBird Score, pay their subscription fee, or pay bills for supports offered on the platform (a “Consumer”).

You may not access the Services: (a) if you do not agree to these terms of use; (b) if you are our direct competitor; or (c) for purposes of monitoring their availability, performance or functionality. The Site and Services are not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SITE OR SERVICES AT ANY TIME OR IN ANY MANNER.

The Services and the Site are evolving and are continually under development. If you are dissatisfied with the Services in any way, we ask you to tell us by sending an email to support@bellbird.gives. We may make changes to this Agreement from time to time. When these changes are made, we will make a new copy of the Agreement available to you through the Site. Your use of the Services after the date on which the updated Agreement is made available to you through the Site constitutes your acceptance of the updated Agreement. If you disagree with changes to the Services or updates to the Agreement, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; (ii) if you are a Supplier, to provide us notice of your intention not to provide services to BellBird Consumers; or (iii) if you are a Consumer, to cancel your Account.

DEFINITIONS

“Account” means the particular instance of the Site authorized for use by you and your Users (as applicable) under your specific login.

“Documentation” means the specifications and materials located at the Site about the Services.

“Services” means all services you receive from us and made available by us via the Site.

“Site” means bellbird.gives and rego.bellbird.gives.

“We,” “Us” or “Our” means BellBird, Inc.

“You” or “Your” means yourself individually or the company or other legal entity for which you are accepting this Agreement. As used in this Agreement, “you” or “your” may encompass casual browsers, Suppliers and Consumers, as applicable.

“User” means an authorized user of the Services.

“User Data” means all electronic data or information submitted by you and your Users (as applicable).

DISCLOSURES

WE DO NOT PROVIDE MEDICAL ADVICE, NOR DO WE PROVIDE ANY GUIDANCE OR SUGGESTED TREATMENT FOR YOUR PARTICULAR SITUATION OR ANY OTHER FORM OF MEDICAL TREATMENT. We never recommend or endorse any specific tests, physicians, products, procedures, opinions, or other medical information. We simply provide information about services to potential consumers. You should always seek the advice of a medical professional regarding your health and wellness. We are not responsible for any services provided/not provided by medical professionals who treat you as a result of the Site and Services. This is because we have not evaluated the education, training, experience or credentials of any doctors or health care providers, nor have we evaluated the acceptability, health, or suitability of any patient for any particular procedure. Reliance on any information provided by the Site, whether you are a receiver or provider of healthcare services is solely at your own risk.

By utilizing our services or replying to our emails, you acknowledge that you are aware that email is not a secure method of communication, and that you agree to the risks. If you would prefer not to exchange personal health information via email, please notify us at support@bellbird.gives.

PAYMENT

You agree to pay BellBird in full for all charges shown on your bill by the due date shown on your bill. Your payment will reimburse BellBird for charges it has paid on your behalf.

If you designate a debit card as your payment method, then you authorize us and our successors and assigns to debit the checking or savings account (your “Account”) at the financial institution (your “Financial Institution”) you designated in the process of providing your debit card information for the amount of each payment due on each due date. You agree that we will attempt to debit your account up to three times at any time and on any day for all or a portion of the amount that is then due to us. You agree that we will give you prior notice of a preauthorized electronic fund transfer (a “Required Transfer”) that varies in amount from the amount of the previous transfer or from the pre-authorized amount only if the Required Transfer varies by more than $150 from the amount of the previous transfer or from the pre-authorized amount. This authorization does not affect your obligation to pay when due all amounts payable to us, whether or not there are sufficient funds therefore in the account you designate. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have. With regard to payments made by automatic withdrawal, you have the right to stop payment of automatic withdrawals or revoke your prior authorization for automatic withdrawals by notifying your Financial Institution at least 3 banking days before the scheduled date of transfer. You must notify us of the exercise of your right to stop a payment or revoke your authorization for automatic withdrawals at least 3 banking days before the scheduled date of transfer.

NON-PAYMENT

If any charges are not paid by the invoice due date, then at our discretion we may: (a) charge a late fee equal to 5% of the outstanding balance; (b) suspend or terminate the Services; (c) condition future payment for Services on pre-payment and/or in shorter payment intervals; (d) report your non-payment or late payment to consumer reporting agencies (credit bureaus); (e) refer or sell your payment obligation to collection agencies, and/or (f) exercise any or all of our other rights and remedies under law and contract.

Late payments, missed payments or other defaults may be reflected on your credit report. If you believe that specific information that we have reported about you is inaccurate, notify us at support@bellbird.gives.

Subject to any limitations imposed by law, you must reimburse us upon our demand for all costs we incur in connection with the enforcement or preservation of any rights or remedies under this Agreement and in connection with any amendment, waiver, “workout” or restructuring under this Agreement, including our reasonable attorneys’ fees and other professional fees and costs incurred, whether or not there is a lawsuit, up to the full amount of any non-waivable limit imposed by law. Such professional fees and costs may be collection fees calculated as a reasonable percentage of your outstanding balance or of the amount recovered and payable to our agent or representative at the inception of a collection action. If any case is commenced by or against you under the Bankruptcy Code (Title 11, United States Code) or any similar or successor statute, we are entitled to recover costs and reasonable attorneys’ fees we incur related to the preservation, protection, or enforcement of any of our rights in such a case as permitted by applicable law. You agree that it will be presumed (subject to rebuttal only by the introduction of competent evidence to the contrary) that all professional fees we incur are reasonable if based on billing rates charged in other similar matters. You agree that we will be considered the “prevailing party” if we recover any funds whatsoever from you, whether by settlement, judgment or otherwise or if we are otherwise deemed or adjudicated to be the prevailing party.

REFUNDS AND CANCELLATION POLICY

All fees paid for Services rendered are non-refundable. You are responsible for providing complete and accurate payment information and contact information to us and notifying us of any changes to such information.

You consent to your Suppliers providing us all details about the products and services delivered to you or as you requested, including (1) a description of those services and products, (2) confirmation that those services and products were provided, (3) the total cost and cost breakdown of those services and products, and (4) the date(s) when those services and products were provided and you consent to our requesting such information from your Suppliers.

If you find an error or want to dispute a charge, send an email to support@bellbird.gives that includes your account information, the dollar amount of the suspected error, and a description of what you believe is wrong and why you believe it is a mistake. You must contact us within 25 days after the error appears on a bill or at least three business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. We will review your dispute and notify you of our findings within a reasonable period of time but no later than 45 days after we receive your request for review.

LIMITATION ON USE OF CONTENT

BellBird authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2020, BellBird, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the BellBird Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with BellBird or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of BellBird. All rights not expressly granted herein are reserved to BellBird and its licensors.

By using the Site, you agree not to reverse engineer or collect the Site’s data, databases, information formatting or other attributes of the Site content. You further agree that you will not reproduce any pricing information or other Site content in any format (electronic, printed, or other formats) for commercial or non-commercial uses.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIMITATION OF LIABILITY

WE, OUR SUPPLIERS, AND OUR DISTRIBUTORS SHALL NOT BE LIABLE TO YOU, YOUR DEPENDENTS, YOUR AGENTS, ANYONE USING YOUR CREDENTIALS, OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES ARISING OUT OF THE SITE, INCLUDING YOUR INABILITY TO USE THE SITE. WE, OUR SUPPLIERS, AND OUR DISTRIBUTORS ALSO WILL NOT BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES. IN NO EVENT SHALL OUR, OUR SUPPLIERS’, OR OUR DISTRIBUTORS’ CUMULATIVE LIABILITY TO YOU, YOUR DEPENDENTS, YOUR AGENTS, ANYONE USING YOUR CREDENTIALS, OR TO ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF SITE FEES, IF ANY, THAT YOU PAID DURING THE PRIOR THREE MONTHS FOR THE SERVICE AT ISSUE.

THESE EXCLUSIONS AND LIMITATIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, UNDER ANY THEORY OF LAW, INCLUDING CONTRACT OR TORT, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR ANY DAMAGES THAT ARE NOT LIMITED BY THIS PARAGRAPH, THE SOLE AND EXCLUSIVE REMEDY FOR YOU OR YOUR DEPENDENTS FOR ANY DISPUTE WITH US, OUR SUPPLIERS, OR OUR DISTRIBUTORS IS THE CANCELLATION OF YOUR USE OF THE SITE. 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, AND THE LIABILITY OF OUR PARENT, SUPPLIERS, AND DISTRIBUTORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

USER SUBMISSIONS

The personal information you submit to the Site is governed by the Site Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

INTERNATIONAL USE

The Site is designed for and intended for United States residents using the Site within the fifty states and the District of Columbia. We make no representation that the Site is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site from territories where the content is illegal is prohibited. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

We may provide links to third-party websites or affiliated websites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. We do not endorse any products advertised on the Site.

DISCLAIMERS

THIS SITE AND ITS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE AND ITS MATERIALS; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK 

FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

INDEMNITY

You agree to defend, indemnify, and hold BellBird, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

JURISDICTION

You agree that the laws of the State of Delaware govern this contract and any claim or dispute that you may have against us, our suppliers, or our distributors, without regard to Tennessee’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, our suppliers, or our distributors will be resolved by a court located in Delaware.

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 STATE OF TENNESSEE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THIS AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TENNESSEE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

ASSIGNMENT

We may assign this contract at any time 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 if you do not wish to continue to use the Site under the new ownership. You may not assign this contract to anyone else.

TRADEMARKS

All trademarks appearing on the Site are the property of their respective owners, including, without limitation, BellBird, Inc. No right, license or interest to such trademarks is granted by this Agreement.

COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitute the entire agreement between you and BellBird with respect to the use of the Site and Content.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitation of Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

ABOUT THE TERMS OF USE

This Terms Of Use agreement was created by BellBird, Inc. It applies to the Site, bellbird.gives and rego.bellbird.gives and to BellBird, Inc.

Last Updated: May 25, 2020.