Better Outcomes Now Terms & Conditions

Last Updated: June 28, 2024

These terms and conditions (“Terms”) are entered into by and between you and Dr. Barry L. Duncan, P.A. d/b/a Better Outcomes Now (“We” Us” Our”). Please read them carefully as these Terms will be legally binding on you.

These Terms also govern you if you are a subscription plan customer as well as your authorized users (if any) of Our web-based measurement-based care outcomes management software application located at https://www.app.betteroutcomesnow.com/ and its related services including, without limitation, its measures, materials, instructions, guides, videos, webinars, and other information (collectively, “BON”). If you are a paid subscription plan customer, these Terms are incorporated herein by reference into the Master Software-as-a-Service and Subscription Agreement (“Subscription Agreement”) entered between you and Us or between your organization and Us, as the case may be. Our obligations set forth in the Subscription Agreement, Our Service Level Agreement, and any other related agreements are governed solely by those agreements and nothing in these Terms or on this Site are not intended and shall not be construed to modify any of the terms or provisions in any of those agreements.

As a registered subscription user of BON, by subscribing, registering, accessing or using BON, you agree to follow and be bound by these Terms and agree to ensure that all your authorized users (if any) read these Terms and agree to comply with them.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time. You are responsible for checking these Terms periodically for changes. Your continued use of the Site and/or BON, as the case may be, following the posting of changes will mean that you accept and agree to the changes.

Privacy Policy

The terms of Our Privacy Policy are incorporated herein by reference and are part of these Terms. Our Privacy Policy may be changed from time to time and will be effective immediately upon the posting of such changes to the Site. To view Our Privacy Policy, click here.

By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is notice that a particular transmission is encrypted.

BON Subscription User Accounts

The following applies to you as a subscription plan customer of BON and to your authorized users (if any). You must inform and educate your authorized users of the below requirements and are responsible to ensure they all understand and agree to comply with them as you assume full and sole responsibility for all your authorized users in all respects and for all purposes.

1. When you create a user account in BON, you represent and warrant that you are at least 18 years old and that the information you provide to Us about you is accurate, complete and current. If your information changes, you agree to update that information directly within your user account.
2. You acknowledge that your BON user account is personal to you and agree not to provide anyone else with access to BON using your user account login information.
3. You, and each of your authorized users (if any), must use a unique and strong username and password (“Credentials”) as your login information for your user account.
4. You and all of your authorized users (if any) must always keep your and their respective Credentials private, strictly confidential and securely stored.
5. You must access and use BON using only your own Credentials, and each of your authorized users must only access and use BON using only their own respective Credentials.
6. You are not allowed to share your Credentials, and none of your authorized users (if any) are allowed to share their respective Credentials, with anyone else to access or use BON under your user account or under their respective user accounts.
7. You must use appropriate security measures to keep your Credentials and the Credentials of your authorized users (if any) securely stored to prevent them from being accessed, copied or used by anyone else.
8. You must use appropriate privacy and security measures to keep all information and data, including the personal health information and data of your patients or clients and your authorized users’ (if any) respective patients or clients private, confidential and secure to prevent any such information from being viewed, accessible or used in any way in an unauthorized manner, in violation of these Terms, or in violation of applicable laws, rules or regulations.
9. You are responsible for all actions and activities that occur under your user account and under each and all of your authorized users’ (if any) respective user accounts, whether you or your authorized users’ authorized or have knowledge of any of those actions or activities occurring under your user account or their respective user accounts.
10. You should use particular caution when accessing your user account from a shared computer so that others are not able to view or record your Credentials or any of the personal information about you or any of your patients or clients displayed by BON, and your authorized users (if any) should do the same.
11. You and your authorized users (if any) must logout of BON at the end of each session or immediately upon completion of the task that you or they are performing within BON. Neither you nor any of your authorized users should remain signed into BON when you or them, as the case may be, are not using BON.
12. You must notify Us immediately of any actual or suspected unauthorized use of, compromise to, or any other breach of security incident of your Credentials or the Credentials of any of your authorized users (if any).
13. You assume and are fully and solely responsible for any and all damages, liabilities, expenses, costs, fees or other losses (including, but not limited to, access, use, alteration, transmission, destruction or loss of data) arising out of, relating to, or resulting from your or any of your authorized users (if any):

• Failure or neglect to keep your or their respective Credentials and/or the information contained under your user account and their respective user accounts private, strictly confidential and secure;
• Failure or neglect to notify Us immediately of any actual or attempted unauthorized use of, compromise to, or any other breach of security incident of your Credentials or the Credentials of any of your authorized users;
• Violation of these Terms;
• Violation of the terms set forth in the Subscription Agreement or in any other related agreements entered between you and Us; and/or
• Failure or neglect to comply with applicable laws, rules or regulations.

We reserve the right to disable your Credentials and/or any of your authorized users (if any) Credentials to BON if We believe you or any of your authorized users (if any) have violated these Terms or the terms and conditions of your Subscription Agreement or of any other related agreements entered between you and Us. In any such case, to the extent We are permitted under applicable law, We will notify you and tell you the reason(s).

Prohibited Uses

You may use the Site and BON, as applicable, only for lawful purposes and in accordance with these Terms and the terms of the Subscription Agreement and any other related agreements entered between you and Us, as the case may be. Neither you nor any of your authorized users (if any) are allowed to, and agree not to, use the Site or BON:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To transmit or cause the sending of any advertising or promotional material without Our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other solicitation;
• Probe, scan or test the vulnerability of the Site or BON, or any network connected to the Site or BON, nor breach the security or authentication measures on the Site or BON or any network connected to the Site or BON;
• Reverse look-up, trace or seek to trace any information on any other visitor or user of the Site or any user of BON to its source, or exploit the Site or BON or any service or information made available or offered by or through the Site or BON where the purpose is to reveal any information, including, without limitation, personal information;
• To impersonate or attempt to impersonate Us or any of Our employees or any other person or entity (including, without limitation, by using email addresses associated with any of the aforementioned);
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or BON, which, as determined by Us, may harm Us, its users of the Site or BON or expose Us or any of them to liability;
• In any manner that could in any way disable, overburden, damage, or impair the Site or BON or interfere in any with any other user’s access to or use of the Site or BON;
• Use any deep-link, page-scrape, robot, spider, or other automatic device, process, or means to access the Site or BON for any purpose, including, without limitation, to access, acquire, or copy any portion of the Site or BON;
• Use any device, software, or method that interferes with the proper working of the Site or BON;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Site or BON;
• Attack the Site or BON via a denial-of-service attack or a distributed denial-of-service attack;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or BON, the server on which the Site or BON is stored, or any server, computer, or database connected to the Site or BON; or,
• Otherwise engage in any activity in any way as an attempt to interfere with the proper working of the Site or BON.

If We discover that you have done any of the above, We have the right to disclose information about you, including your identity and other personal information or data linked to you, to law enforcement authorities as well as immediately suspending or terminating your rights to use the Site and/or BON, as applicable.

Intellectual Property Rights

The Site and BON and their respective content, graphics, videos, features, functionality, design, computer code, expression, “look and feel” and the arrangement of them are owned by Us, Our licensors or service providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and the terms of your Subscription Agreement, as the case may be, You are not allowed to, and agree not to, reproduce, distribute, modify, create derivative works of, publicly display, republish, encode, translate, store, transmit in any way the Site, BON, or any part of the Site or BON, to any other computer, server, website or other medium for publication or distribution for any commercial purposes without Our express prior written consent. In addition, You are not allowed to, and agree not to, use any illustrations, photographs, video, or any graphics separately from the accompanying text.

You may use information posted on the Site or made available for download from the Site provided that (1) you do not remove, modify or obscure any copyright, trademark or other proprietary designations from such information, (2) modify any such information, and (3) use such information for your personal, non-commercial informational purposes except that if you are a subscription plan customer or authorized user of BON then you and your authorized users (if any) may use or download the information from the Site for your own lawful internal business purposes in accordance with the terms of the Subscription Agreement and any other related agreements entered between you and Us.

By using the Site, no kind of any right, title, or interest in or to any part of the Site or the Site itself is transferred to you, and all rights not expressly granted in these Terms are fully reserved by Us at all time. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Our company name, the terms “Better Outcomes Now”, “BON”, PCOMS International, Inc., Our logo, and the logo of PCOMS International, Inc. and all related names, logos, product and service names, designs, and slogans are trademarks of Ours, Our affiliates or Our licensors. You must not use any such marks without Our prior express written consent. All other names, logos, product and service names, designs, and slogans on this Site or BON are the trademarks of their respective owners.

Linking to the Site

You may link to the public portions of the Site, provided you do so in a way that is honest and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express prior written consent. The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Site or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Us and only with respect to the content they are displayed with. Subject to the foregoing, you must not establish a link from any website that is not owned by you, cause the Site or any portions of the Site to be displayed on, or appear to be displayed by, any other website (e.g., framing, deep linking, or inline linking), or else take any action with respect to your access to or use of Site that is inconsistent with any other provision of these Terms. You agree to cooperate with Us to cause any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links of this Site at any time without notice in Our sole discretion.

Third-Party Links on the Site

If this Site contains links to other websites or social media platforms owned or operated by third parties, those links are provided for your convenience only. We have no control over the contents of any third-party websites or social media platforms and accept no responsibility for them or for any loss or damage that may arise from your access to or use of them. If you decide to access or use any third-party websites or social media platforms linked to the Site, you do so entirely at your own risk and are subject to the terms and conditions of such third-party websites and social media platforms.

Reliance on Posted Information

The information posted on the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any such information. Any reliance you place on any such information is strictly at your own initiative and sole risk. We disclaim all liability and responsibility of every kind and nature relating to arising from any reliance placed on such information by you or by anyone who may be informed of any such information posted on the Site.

Not Medical Advice

None of the information, content, documents, materials or other resources posted on or made available for download from the Site are a substitute for the independent professional judgment of health care providers in diagnosing or treating patients or clients. You are solely responsible for your use of or reliance on any and all such information including all decisions, actions or inactions you make and take as a result. You acknowledge that you assume full and sole responsibility for your use of or reliance on any and all such information.

Site Disclaimer of Warranties

WE DO NOT PROMISE THAT THE SITE OR ANY PART OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR ANY PART OF THE SITE WILL PROVIDE ANY SPECIFIC RESULTS. THE SITE IS DELIVERED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT AND DO NOT PROMISE OR GUARANTEE THAT ANY DOCUMENTS, FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE CODE OR FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY OF EVERY KIND AND NATURE FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY RELATING TO, CONCERNING OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE AND ANY LINKED WEBSITES AND SOCIAL MEDIA PLATFORMS TO THE SITE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR ACCESS AND USE OF THE SITE AND ANY LINKED WEBSITES AND SOCIAL MEDIA PLATFORMS TO THE SITE. YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFACTION WITH THE SITE OR ANY PART OF THIS SITE IS TO STOP USING THE SITE. YOUR REMEDY IS A PART OF THE BARGAIN BETWEEN YOU AND US AS TO YOUR ACCESS TO AND USE OF THE SITE. This disclaimer applies to any and all damages, liabilities, injuries, and/or other losses of every kind and nature, at law, in equity and otherwise, caused by any failure of performance, error, omission, interruption, deletion, defect, computer or mobile device virus, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort (including negligence), or any other cause of action and claim.

Site Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, TO THE MAXIMUM PERMITTED BY APPLICABLE LAW IN NO EVENT WILL WE OR OUR AFFILIATES OR LICENSORS BE LIABLE IN ANY WAY FOR ANY KIND OF DAMAGES OR LOSSES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA UNDER ANY LEGAL THEORY OF ANY KIND ARISING OUT OF, CONCERNING OR RELATING TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR ANY PART OF THE SITE OR ANY THIRD-PARTY LINKS LINKED TO THE SITE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND/OR LOSSES AND/OR ANY SUCH DAMAGES AND/OR LOSSES WERE FORESEEABLE. If, despite the other provisions of these Terms, We are found to be liable to you for any damages or losses of any kind arising out of or relating in any way to your access to or use of the Site or any part of the Site, Our total and sole liability will in no event exceed one hundred dollars and zero cents in United States dollars ($100.00 USD). Some jurisdictions may not allow all or some of the above limitations and, as such, some or all of these limitations may not apply to you.

Indemnity

You agree to indemnify and hold Us, including Our company owners, directors, officers, successors in interests, employees, agents, and affiliates harmless from and against any and all demands, claims, liabilities, damages, losses, expenses and/or fees (including reasonable attorneys’ fees), as the case may be, made against Us by any third party due to, arising out of, relating to or in connection with your access to and/or use of the Site or any part of the Site.

Violation of Terms

We may disclose any information We have about you (including your identity) if We determine the disclosure is necessary in connection with any investigation or complaint regarding your access to and/or use of the Site and/or BON, or to identify, contact or bring legal action against someone who may be intentionally or unintentionally causing injury to or interfering with Our rights or property, or the rights and/or property of Site’s users, or the rights and/or property of Our BON customers and/or their authorized users. We reserve the right at all times to disclose any information that We deem necessary to comply with any applicable law, regulation, legal process or governmental request. You agree that We may, in Our sole discretion and without prior notice, terminate your access to the Site if requested or required by a court, law enforcement or other government agency.

Governing Law

You agree that all matters relating to your access to or use of the Site and these Terms including all disputes or controversies arising out of or relating to your access to and/or use of the Site and/or these Terms shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule whether of the State of Florida or any other jurisdiction. Any and all legal suits, actions or other proceedings arising out of, concerning, or relating to these Terms and/or the Site shall be brought exclusively in the state or federal courts of the State of Florida, in each case located in the City of West Palm Beach and County of Palm Beach, although We reserve the right at all times to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by said courts and to venue of said courts. If you are a resident of the European Union, the preceding sentence regarding venue does not apply to you and, in such case, you may make a claim in the courts of the country where you reside. If there is any dispute that arises between Us and you relating to or concerning any of these Terms, you and We agree to promptly and in good faith attempt resolve such dispute before pursuing any legal or other action.

Any cause of action or claim you may have that arises from, concerns, or relates to these Terms and/or your access to and/or use of the Site must be filed within one (1) year from the date that such cause of action or claim arises; otherwise, such cause of action or claim is permanently barred.

If We take any legal action against you arising from or relating to your violation of these Terms and/or your access to and/or use of the Site, We will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs We incur in any such legal or other action at all levels (including appeals) in addition to all reasonable attorneys’ fees and costs incurred in connection with determining the amount of attorneys’ fees and costs to be awarded to Us.

Void Where Prohibited

The Site and BON are each administered and hosted in the State of Florida of the United States. Although the Site is accessible worldwide and BON is accessible in certain foreign countries, We reserve the right to limit, in Our sole discretion, the availability of the Site and/or BON to any person or geographic area. Any offer for any services or products, including BON, made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own initiative and are solely responsible for complying with applicable local laws.

Miscellaneous

Our failure or delay to insist or enforce strict performance of any part of these Terms shall not be construed or deemed as a waiver by Us of any such terms or of any right We have to enforce these Terms, nor will any course of conduct between you and Us or any other party be deemed to modify any part of these Terms. These Terms will not be construed or interpreted in any way to confer any rights or remedies of any kind on any third parties. If any of these Terms is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such terms will be eliminated or limited to the minimum extent necessary and replaced with valid terms that best embodies the intent of these Terms and these Terms will continue to be in full force and effect. Non-English translations of these Terms may be provided for convenience only. In the event of any ambiguity, inconsistency or conflict between translations, the English version of these Terms is authoritative and shall control. You are not allowed and may not use or export any content of the Site or any copy or adaption of any such content or any product or service offered on the Site in violation of applicable laws or regulations, including, without limitation, the United States export laws and regulations.

These Terms and the terms of the Subscription Agreement and any other related agreements entered between you and Us with regards to the access and use of BON, as the case may be, constitute the entire agreement between you and Us with regard to your access to and use of the Site and/or your access to and use of BON, as the case may be, and all other written or oral agreements, understandings, representations and warranties previously existing between you and Us with respect to your access to and use of the Site and/or BON, as the case may be, are hereby superseded and cancelled.

Questions

If you have any questions about these Terms, please contact Us by sending an email to barbarahernandez@betteroutcomesnow.com.