TERMS AND CONDITIONS
Effective Date: May 31, 2022
This page represents a legal document and is the Terms and Conditions (the “Agreement”) for our Website, www.bpcorrect.com, our BPCorrect portal, and our BPCorrect mobile app, collectively and herein after called “Platform.”
1. The terms “us,” “we,” and “our” refer to our company Stevara, LLC.
2. A “Visitor” is someone who merely browses our Platform. A “Member” is someone who has registered with us to use our Platform. The term “User” is a collective identifier that refers to either a Visitor or a Member.
3. All text, information, graphics, design, and data offered through our Platform, whether produced by our Members or by us, are collectively known as our “Content.” We distinguish content posted by our Members as “Member Content.”
ACCEPTANCE OF AGREEMENT
This Agreement is between you and Stevara, LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Stevara, LLC and supersedes all other Agreements, representations, warranties, and understandings with respect to our Platform, and the subject matter contained herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available for you to review from the link in our app or on our portal.
Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for or obtain any injunction relating to intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Charleston, South Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Charleston, South Carolina necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
CHOICE OF LAW AND JURISDICTION
This Agreement will be treated as if it were executed and performed in Charleston, South Carolina, and will be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.
ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP
To use our Platform, you must register with us to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Platform is intended solely for Users who are at least eighteen (18) years of age or older. Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Platform, you represent and warrant that you are eighteen (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Stevara, LLC has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
When you complete your registration, you will be allowed to access our Platform. We strongly suggest you use a private computer or mobile device when using our platform to help protect your personal information from being compromised. You agree to maintain the confidentiality of your username or password if you have one. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your username or password. You agree to immediately notify us of any unauthorized use of your username, password, or any other breach of security. You also agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with the username or password security has described herein.
YOU UNDERSTAND THAT ANY INFORMATION AND CONTENT SUCH AS TEXT, GRAPHICS, AND IMAGES FOUND WITHIN OUR PLATFORM IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND THAT SUCH INFORMATION IS NOT INTENDED NOR OTHERWISE IMPLIED TO BE MEDICAL ADVICE NOR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
IF YOU THINK THAT YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY AS OUR APP AND PLATFORM ARE NOT DESIGNED FOR MEDICAL EMERGENCIES OR REAL-TIME DIAGNOSIS OR MONITORING.
Stevara, LLC nor any of its vendors, affiliates, or business partners do not guarantee the accuracy nor completeness of the information and content within our platform, and as a result, such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other qualified healthcare professional to determine the appropriateness of this information for your own situation or if you have any questions regarding a medical condition, disorder, treatment plan, or other health-related issues.
Stevara, LLC does not provide medical care services of any kind. Stevara, LLC provides technologies to help health care providers manage their medical practices. Stevara, LLC also operates mobile apps and patient portals where patients can access their information and communicate with their health care providers. If you are a patient, some of your personal identifiable health information may be maintained in your electronic health records by your health practice provider. Stevara, LLC is not your provider and you acknowledge that Stevara, LLC has no responsibility or liability for your health information maintained by your health practice provider. If you have questions about your personally identifiable health information, you should contact your health provider.
OUR INTELLECTUAL PROPERTY
Our Platform may contain our service marks and/or trademarks (collectively “Content”) as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Stevara, LLC. Our Content, as found within our Platform, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.
Stevara, LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal, personal and non-commercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
ERRORS, CORRECTIONS, AND CHANGES
The medical billing and coding on our Platform rely on detailed information and facts. Some of these facts and information include those related to the patients, the practice, the medical professionals, the service, and the advice that is provided. Our Platform tries to provide accurate information and reports. However, we cannot guarantee that third-party payers will accept the suggestions for billing based on our Platform’s information and reports. Laws, regulations, policies, medical coding and insurance are always subject to change.
We do not represent or otherwise warrant that our Platform will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely, or otherwise reliable. Stevara, LLC reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.
Our Platform publishes content supplied by third parties. Stevara, LLC has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including, but not limited to, information providers and Users of our Platform, are those of the respective author(s) and not of Stevara, LLC. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
Stevara, LLC is not responsible or liable in any manner for any Content posted on our Platform, whether posted or caused by Members of our Platform, or by Stevara, LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Platform, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Platform. Stevara, LLC is not responsible for the online or offline conduct of any User of our Platform.
Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. Stevara, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Stevara, LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof, including, but not limited to, injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.
Under no circumstances will Stevara, LLC be responsible for any loss or damage, including, but not limited to, any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Users of our Platform, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the equipment or programming associated with or utilized by our Platform.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
STEVARA, LLC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. STEVARA, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. STEVARA, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STEVARA, LLC.
OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL STEVARA, LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF STEVARA, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STEVARA, LLC’S 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 FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
YOU AGREE TO NOT USE OUR CONTENT TO:
1. Develop competing Platform;
2. Create compilations or derivative works as defined under United States copyright laws;
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism; and
4. Decompile, disassemble, or reverse engineer our Platform, and any related software
USE OF INFORMATION
You grant Stevara, LLC a license to use the information and materials you post to our Platform. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Platform, you are granting Stevara, LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Stevara, LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Platform, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit such content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
LINKING TO OUR PLATFORM
You may provide links to our Platform provided that (a) you do not remove or obscure any portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.
LINKS TO OTHER WEBSITES
Our Platform may from time to time contain links to third-party websites. Inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Stevara, LLC has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all charges or fees at the prices in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.
You represent and warrant that if you are purchasing something from us, (a) any payment information you supply is true and complete, (b) charges incurred by you will be honored by your bank or credit card company, (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (d) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
CANCELLATION AND TERMINATION OF MEMBERSHIP
You can cancel your Clinician Portal subscription at any time by contacting us at firstname.lastname@example.org. Your cancellation will take effect at the end of the current paid term.
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member. You must delete or destroy any information or content (including all copies) obtained from our Platform. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
APP STORE SUBSCRIPTION TERMS
BPCorrect may offer a free trial for a limited time at its discretion. You may be required to enter your billing information in order to sign up for the free trial. The BPCorrect app is an auto-renewable subscription service which gives you complete access to all of the BPCorrect app functionality. Annual and monthly subscriptions are available. Payment will be charged at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. With the purchase of an annual subscription, the current period is for 1 calendar year. Autorenewal renews the annual subscription for a further year unless cancelled at least 24 hours ahead of the current period. Cancellations of monthly subscriptions will not go into effect until the end of the monthly billing cycle. Information on cancelling a subscription made via an iOS app is available here. Information on canceling a subscription made via an Android app can be found here.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Platform.
SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
CHANGES TO OUR TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Platform. These changes will become effective thirty (30) days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Platform after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Platform.
Copyright ©2022. These terms and conditions are protected under United States and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited.