Binding Legal Agreement
By accessing or using Better Health, you agree to be bound by these Terms of Service. Please read them carefully before proceeding.
Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Leadbaron LLC ("we," "us," or "our"), concerning your access to and use of the Better Health website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
Protected Elements
- •Original content, features, and functionality
- •Trademarks, service marks, and logos
- •Software, databases, and technical infrastructure
- •Designs, graphics, and visual elements
The Content and the Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
User Representations
By using the Site, you represent and warrant that:
Accurate Information
All registration information you submit will be true, accurate, current, and complete
Information Maintenance
You will maintain accuracy and promptly update registration information as necessary
Legal Capacity
You have the legal capacity and agree to comply with these Terms of Service
Age Requirement
You are not a minor in the jurisdiction in which you reside
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Strictly Prohibited Actions
- •Systematically retrieve data or content from the Site to create a collection or database
- •Make any unauthorized use of the Site, including collecting usernames and/or email addresses
- •Circumvent, disable, or otherwise interfere with security-related features
- •Engage in unauthorized framing of or linking to the Site
- •Trick, defraud, or mislead us and other users
- •Upload or transmit viruses, Trojan horses, or other material that interferes with use of the Site
User Generated Content
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. You may create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that you own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us to use the Contributions in any manner contemplated by the Site and these Terms of Service.
Site Management
We reserve the right, but not the obligation, to:
Monitor the Site for violations of these Terms of Service
Take appropriate legal action against anyone who violates the law or these Terms of Service
Remove or refuse to post any Contributions that violate these Terms of Service
Terminate or suspend your access to all or part of the Site for any reason
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy to understand how we collect, use, and disclose your information.
Your Data Rights
By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. We implement appropriate security measures to protect your personal information.
Read our Privacy Policy→Medicare Marketing Compliance
CMS Compliance Notice
Our Medicare marketing activities comply with all applicable Centers for Medicare & Medicaid Services (CMS) regulations, as well as HIPAA and FTC requirements.
Marketing Standards
We adhere to Medicare marketing guidelines, including prohibition of unsolicited contact, discriminatory practices, and misleading information.
Licensed Agents
All Medicare insurance agents and representatives are properly licensed and trained in compliance with state and federal regulations.
Consumer Protection
You have the right to opt out of marketing communications at any time. We do not sell your personal health information without explicit consent.
Term and Termination
These Terms of Service shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason.
Termination Conditions
We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms of Service.
Upon termination, your right to use the Site will cease immediately. If you wish to terminate your account, you may simply discontinue using the Site.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
Governing Law
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the United States applicable to agreements made and to be entirely performed within the United States, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The arbitrator's award shall be final and binding upon both parties.
Disclaimers
Important Disclaimer
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.
Liability Exclusions
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your Contributions
Use of the Site
Breach of these Terms of Service
Any breach of your representations and warranties
Violation of the rights of a third party, including but not limited to intellectual property rights
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: