BRIGHTWAY Q&A TERMS OF USE

Last updated June 25, 2021.

Welcome to Brightway Health, an online community website (“Site”) that is designed to connect persons (such as those with certain health conditions, caregivers and medical professionals) who are interested in sharing and receiving information regarding various health conditions (the “Service).

 

This Site is operated by Brightway Health. 

 

By using this Site, you agree to be bound by these Terms of Use and Conditions (this “Agreement”).

 

To the extent you register on the Site as a community member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to community members shall apply to you too.

This Agreement sets out the legally binding terms of your use of this Service and may be modified by Brightway Health at any time and without prior notice, such modifications to be effective upon posting by Brightway Health on this website. Your continued use of this Service after any modifications are posted constitutes your consent to such modifications. 

This Site’s content, or any content on other sites linked to from the Site, is never a substitute for professional medical advice. Even if another user is a medical professional they are not in a position to undertake a physical examination or understand your full medical history. Therefore you should always speak to a doctor or other health practitioner about your condition and/or treatment or changes to your condition and/or treatment. In an emergency dial your local or national emergency telephone number. Never delay seeking advice or dialing. 

Acceptable and lawful use of platform by members

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another member, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

While some content is monitored periodically for topicality Brightway Health has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content. We will determine whether there has been a breach of the Terms of Use and what the appropriate course of action is. When a breach of these Terms of Use has occurred or inappropriate material has been posted, we may take such action as we deem appropriate, including, for example, withdrawing your right to use Our Site; removing any posting or material you have uploaded to Our Site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

 

Term. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You can deactivate your membership by going to Settings and clicking “Delete my Account”. Brightway Health may terminate your membership at any time for any reason. In the event of deactivation or termination, other terms of this Agreement will remain in effect.

Noncommercial Use by Members. The Service is for the personal use and enjoyment of individual Members only and may not be used in connection with any commercial endeavors. You may not use or copy content from this Service for use with any other product or service except when cross-posting to other social media platforms from the Site, and illegal or unauthorized uses of this Service are prohibited.

Identifying Other Members. You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted on the Site by a member or messaged to you directly by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Platform, subject to the above restriction on non-commercial use.

Brightway Health’s Property. Brightway Health either owns or is licensed to use all proprietary rights in this Service, including all copyrights, trademarks, and patent rights associated with this Service. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

Posting on the Site. Registered members may post messages, images, and other content (“Member Submissions”). If you are a member, you (or the author) owns the copyright in the messages, images, and other content you post, but by posting such content to the Site you grant Brightway Health the right to use, copy, display, perform, distribute, edit, and create derivative works of your Member Submissions, subject to the terms of the Privacy Policy. 

Privacy. You agree that you have read, understood and accepted the Brightway Q&A Privacy Policy. This policy explains Brightway Health’s collection of restricted and shared information from you when using the Site and its use of and sharing of such information. 

Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any user posting or other content at this Platform infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If a Member Submission that you submitted has been removed as a result of a notification as described above and you believe that such a Member Submission or portion of a Member Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the Member Submission content at issue.

The Brightway Health designated Copyright Agent for notice of claims of infringement is:

 

Brightway Health

Attn: Yannick Cohen

125 E Main St #35

Kings Park, NY 11754

Email: privacy@brightwayhealth.org

 

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Brightway Health at support@brightwayhealth.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Fees. Access to and use of this Service are currently available without charge. We reserve the right to, from time to time, change the terms of this Agreement and could charge for membership and/or to provide additional optional services for a fee in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of this Service.

Member password and login identity. You are responsible for maintaining the confidentiality of your member password, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify Brightway Health of any unauthorized use of your membership password or login or any other breach of security.

Links to other websites. Brightway Health website may contain links to other websites that are not under our control. The inclusion of any link does not imply endorsement by Brightway Health of such site and we are not responsible for the content of such linked sites.

Member Disputes. You are solely responsible for your interactions with other Brightway Health Members. Brightway Health reserves the right, but has no obligation, to monitor disputes between you and other Members.

Membership Termination. You agree that Brightway Health may, with or without cause, immediately terminate your membership or limit or terminate your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination of a member's membership and use of the Site: (a) breaches or violations of this Terms of Use Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), and (d) unexpected technical issues or problems. Brightway Health has no obligation to maintain or store information or data that you have posted on or uploaded to the Site.

Disclaimer of Warranties. The information and opinions expressed in postings on this Service are not necessarily those of Brightway Health or its content providers, business partners, or related entities, or of any health association to which this Service is linked, and Brightway Health is not responsible for any incorrect or inaccurate Content posted on the Service, whether by Brightway Health, its business partners, Members, or due to equipment or computer programming associated with this Service. Under no circumstances will Brightway Health be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of this Service, any Content posted on this Service or transmitted to Members, or any interactions between users of the Service, whether online or offline.

The advice, recommendations, information, and conclusions posted or transmitted by other members of the Site are not in any way vetted, approved or endorsed by Brightway Health, and you use such information at your own risk.

Limitations on Liability. Under no circumstances shall Brightway Health, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.

Indemnification. You agree to indemnify and hold harmless Brightway Health and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement.

International users. Brightway Health makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and the Brightway Health Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that Brightway Health may collect and use your Information and disclose it to other entities outside your resident jurisdiction as long as such collection, use, or disclosure does not violate applicable U.S. law or Brightway Health Privacy Policy. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Brightway Health and any User of the Service.

Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Maryland and the applicable federal laws of the United States of America, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

Member Notices. If you register as a member, you agree that Brightway Health may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).

Mediation/Arbitration. Any dispute arising under this Agreement shall be decided by mediation or binding arbitration. Such mediation or arbitration shall be conducted in accordance with the Commercial Mediation or Arbitration Rules of the American Arbitration Association in effect at the time of this Agreement, with Silver Spring, Maryland, as the designated locale. A demand for mediation shall be filed in writing with the other party and with the American Arbitration Association, and shall be made within a reasonable time after the dispute first arises, and in no event after the date when the institution of legal or equitable proceedings based on such Disputes would be barred by the applicable statute of repose or limitations. If a dispute is not resolved through mediation, then a dispute shall be resolved through arbitration. The decision of the arbitrator shall be final and binding. This agreement to arbitrate shall be specifically enforceable in accordance with the laws of the Commonwealth of Maryland.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

For any questions or comments, or to report violations of this Agreement, email us at privacy@brightwayhealth.org or contact us at:

Brightway Health

125 E Main St. #35

Kings Park, NY 11754

 

 

Miscellaneous Terms. Brightway Health may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Modification of these Terms of Use. Brightway Health may from time to time change the terms and conditions governing this service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this service. Your continued use of this service constitutes your agreement to all such terms and conditions.