Welcome to the findhelp, a Public Benefit Corporation Site – and thank you for visiting. We hope you enjoy the experience!
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU (“YOU”) AND AUNT BERTHA, A PUBLIC BENEFIT CORPORATION (“AUNT BERTHA” OR “US” OR “OUR” OR “WE”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE AND ACCESS THE SITE LOCATED AT THE URL: WWW.AUNTBERTHA.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.AUNTBERTHA.COM BY AUNT BERTHA, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”) AND ALL SERVICES (AS DEFINED HEREIN) AND ANY SOFTWARE THAT WE PROVIDE TO YOU THAT ALLOWS YOU TO ACCESS THE SITE OR SERVICES FROM A DEVICE (AN “APPLICATION”). BY USING THE SITE OR THE SERVICES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY ACCEPTING THESE TERMS, OR BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS, AND IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO SUCH COMPANY OR OTHER LEGAL ENTITY.
“Account” means any Aunt Bertha accounts or instances created by You or on your behalf within the Site for use of the Services.
“Authorized End User” means, collectively You and any of your individual, agents, or contractors accessing or using the Site or Services, under the rights granted to You pursuant to these Terms. An individual may be an Authorized End User of the Site or Services, whether or not they are accessing the Site or Services in an authenticated manner.
“Community Based Organization” or “CBO” means an organization or program that provides community, social, or other services to individuals that is listed on our Site. Ownership of a CBO may be claimed by an Authorized End User of our Site and Services at https://www.auntbertha.com/claims. In addition to all other terms in this End User Terms of Service, CBOs and their Authorized End Users are also subject to the additional “Specific Terms for Community Based Organizations” documented in Section 12 of this End User Terms of Service.
“Confidential Information” means any and all non-public information disclosed by one party to the other party in any form or medium, whether oral, written, graphical or electronic, pursuant to these Terms, that has been identified as confidential or that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential.
“Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services, which materials are designed to facilitate use of the Services and which are provided by Aunt Bertha to You in accordance with these Terms.
“Materials” mean collectively all the text, data, information, software, graphics, photographs and more, including the Documentation, the proprietary platform and Aunt Bertha API through which Aunt Bertha offers the Site and Services to You in a ‘software as-a-service’ form. Materials include any and all intellectual property embodied in the Materials.
“Open Source Software” means all software that is available under the GNU Affero General Public License (AGPL), GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Apache License, BSD licenses, or any other license that approved by the Open Source Initiative (www.opensource.org).
“Services” means any and all services, tools, software, content, applications and functionalities as may be provided by Aunt Bertha from time to time through the Site.
“Your Content” means the data, media and content submitted, stored, posted, displayed, or otherwise transmitted by You and/or any Authorized End Users on or through the Site, but does not include any data you collect through use of or in connection with the Services.
CHANGES TO TERMS
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue the Site or Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time. We will inform You of any Modifications by posting them on the Site. If You object to any such Modifications, Your sole recourse shall be to cease using the Site. Continued use of the Site and Services following notice of any such Modifications indicates You acknowledge and agree to be bound by the Modifications. Also, these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Site. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
GENERAL USE OF THE SITE
We invite You to use the Site for individual, consumer purposes (“Permitted Purposes”) – enjoy!
By using the Site, You promise that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use the Site and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your use of the Site. In these Terms we are granting You a limited, personal, non-exclusive and non-transferable right to access and use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Site or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If we permit You, in writing in advance, to make copies of any part of the Site, You agree not to remove or alter any of Our copyright and other proprietary notices as they appear on the Site. Further, You explicitly agree that You have not been granted any license to use Aunt Bertha’s proprietary platform or Aunt Bertha API (such use would require a separate paid subscription agreement). Unfortunately, if You breach any of these Terms the above right of access and use will terminate automatically.
We appreciate You visiting the Site and allow You to do just that – stop by and leisurely check it out without even registering with Us! However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, You must successfully register an Account with Us.
If You want an Account with Us, You must submit a working email address and a preferred password through the Account registration page on the Site. You may also provide additional, optional information so that We can provide You a more customized experience when using the Site –but, We will leave that decision with You. If you subscribe to certain Services additional information such as billing address and payment information will also be required. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed Account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the Account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your Account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access the Site, whether directly or through any Account that You may setup through or on the Site. Because it is Your Account, it is Your responsibility to obtain and maintain all equipment and services needed for access to and use of The Site as well as pay all related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access the Site. Should You believe Your password or security for The Site has been breached in any way, You must immediately notify Us.
USE OF THE SERVICES BY YOU AND AUTHORIZED END USERS
Under certain circumstances, You and Your Authorized End Users may be presented with the ability to send referrals or inquiries directly to Community Based Organizations (“CBOs”) that are also Authorized End Users of our Site and Services. If You are a “covered entity” or “business associate” as those terms are defined in regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), at 45 CFR 160.103, You are responsible for ensuring that disclosures that you make to any CBO comply with HIPAA requirements. For the avoidance of doubt, Aunt Bertha is not a business associate of any CBO, and does not sign a “business associate agreement” or other written agreement governing the use or disclosure of “protected health information” with any CBO. Between You and Aunt Bertha, You are solely responsible for entering into a business associate agreement with any entity if, in Your sole interpretation, one is necessary to disclose or receive information to that entity.
You agree that You will not, and will not permit any Authorized End Users to: (i) copy or duplicate any of the Materials in any form, regardless of technique (e.g., screen-scraping, downloading, printing except as permitted in this Agreement and the Documentation or otherwise); (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Materials is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Materials, or attempt to do any of the foregoing, and You acknowledge that nothing in these Terms will be construed to grant You any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Materials, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with Our prior written consent; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Materials; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Materials; (vi) use any Open Source Software in connection with any of the Materials in any manner that requires, pursuant to the license applicable to such Open Source Software, that any of the Materials be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients; (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Your rights granted hereunder; (viii) host, save, preserve, memorialize, aggregate, collect, compile, or otherwise retain or store any of the Materials (or any copy thereof); or (ix) use the Materials in any manner not expressly authorized by these Terms. You will ensure that Your use of any of the Materials complies with all applicable laws, statutes, regulations or rules and will not use any of the Materials in connection with any illegal activities.
In addition to Our cancellation rights set forth in these Terms, Aunt Bertha reserves the right, in Our reasonable discretion, to temporarily suspend Your access to and use of the Services: (i) during planned downtime for upgrades and maintenance to the Services (Aunt Bertha will generally provide notice of such planned downtime on the support pages applicable to the Services); (ii) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties; or (iii) if We suspect or detect any malicious software connected to Your Account or use of the Services by You or Your Authorized End Users.
We acknowledge that You retain all right, title and interest in and to Your Content. You grant to Us the right to use Your Content for purposes of making available the Services to You. Notwithstanding anything else in these Terms or otherwise, Aunt Bertha may monitor Your use of the Services and use data and information related to such use, and Your Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Site and Services (“Aggregated Statistics”). As between Aunt Bertha and You, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by Aunt Bertha. You acknowledge that Aunt Bertha will be compiling Aggregated Statistics based on Your Content input into the Services and You agree that Aunt Bertha may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify You or Your Confidential Information.
We make available applications allowing You to access the Site via a mobile device (a “Mobile Application”). To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”): (a) (You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”); (b) Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service; (c) We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App; (d) You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App; (e) You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App; (f) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; (g) You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App); (h) The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”): (a) You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”); (b) Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service; (c) Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms; (d) You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.
CANCELLATION OR TERMINATION OF ACCOUNT
You may cancel your Account at any time by emailing us at [email protected]. You agree and acknowledge that upon cancellation, Aunt Bertha may immediately suspend Your Account. Aunt Bertha reserves the right to delete all Your Content and any other data in the normal course of operation.
Aunt Bertha reserves the right to modify, suspend or terminate the Services (or any part thereof), Your Account and/or Your right to access and use the Site or Services, and remove, disable and discard any of Your Content if we believe that You or Your Authorized End Users have violated these Terms. Unless legally prohibited from doing so, We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Aunt Bertha shall not be liable to You, Your Authorized End Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Services.
By using the Site and/or the Services provided on or through the Site, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are responsible for maintaining the confidentiality of Your Account passwords, and You are responsible for all activities that occur using your Account passwords. You agree not to share Your Account passwords, let others access or use Your Account or do anything else that might jeopardize the security of Your Account passwords. You agree to notify Aunt Bertha if Your Account passwords are lost, stolen, if You are aware of any unauthorized use of Your Account passwords on the Site or if You know of any other breach of security in relation to the Site.
You and Aunt Bertha agree as follows with respect to Confidential Information: (i) to use Confidential Information disclosed by the other party only for the purposes described herein; (ii) to not reproduce Confidential Information of the other party, and to hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party; (iii) to not create any derivative work from the Confidential Information of the other party; (iv) to restrict access to the Confidential Information of the other party to its personnel, agents, and/or consultants, who have a need to have access and who have been advised of and have agreed in writing to treat such Confidential Information in accordance with these Terms; and (v) to return or destroy all Confidential Information disclosed by the other party that is in its possession upon termination or expiration of the Account or Services. Notwithstanding the foregoing, the obligations contained in this paragraph will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under these Terms, including to make such court filings as it may be required to do.
LINKS TO THIRD-PARTY SITES
We think links are convenient, and We sometimes provide links on his Site to third-party Sites. If You use these links, You will leave the Site. We are not obligated to review any third-party Sites that You link to from the Site, We do not control any of the third-party Sites, and We are not responsible for any of the third-party Sites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party Sites linked to from the Site, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party Sites. Certain areas of the Site may allow You to interact and/or conduct transactions with one or more third-party Sites, and, if applicable, allow you to configure your privacy settings in that third-party Site account to permit Your activities on the Site to be shared with Your contacts in your third-party site account.
To be clear, We authorize Your use of the Site only for Permitted Purposes. Any other use of the Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between You and Us, all rights in the Site remain Our property.
Unauthorized use of the Site may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Site in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do): (a) For any public or commercial purpose which includes use of the Site on another site or through a networked computer environment; (b) In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Site; (c) In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (d) To stalk, harass, or harm another individual; (e) To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; (f) To interfere with or disrupt the Site or servers or networks connected to the Site; (g) To use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or (h) To attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
You also agree and understand that as pertaining those sections of the Site that may allow you to publicly post comments or content, You as the author are entirely responsible for the content of, and any harm resulting from, any public content posted or uploaded by you. That is the case regardless of whether Your Content in question constitutes text, graphics, audio files, information, or computer software. By making Your Content publicly available, you represent and warrant that:
The posting, downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (b) Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (c) Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (d) Your Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (e) Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; (f) Your Content is not named in a manner that misleads your readers into thinking that you are another person or company; (g) Your Content does not include racially, ethnically, obscene, sexually explicit or otherwise offensive language or use the Website to discuss, incite illegal activity or promote hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity. You agree to indemnify, defend and hold Aunt Bertha harmless from and against all damages, losses, claims and costs (including reasonable attorneys’ fees) incurred by Aunt Bertha as a result of your placement of Your Content on the Site.
SPECIFIC TERMS FOR CBOs
In addition to all of the other Terms in these Terms, CBOs, and the Authorized End Users who use our Site and Services on their behalf are subject to the additional requirements described in this section. These Terms are important to protect Aunt Bertha, and our partner organizations, while still allowing us to provide the Site and Services to CBOs, for free, without needing to engage in a lengthy contracting process.
By claiming a CBO on our Site, either through the workflow maintained at https://www.findhelp.com/claims or through any other method that may now or in the future become available, You represent and warrant that You are authorized to act on Your own behalf, and on the behalf of the CBO that You are claiming and its Authorized End Users (collectively “Your CBO”), and to bind Your CBO to these Terms. CBOs and their Authorized End Users are granted access to certain functionality through our Site to help the CBO with intake management, appointment scheduling, communication and other tasks related to individuals who are seeking services from them (“CBO Tools”). CBO Tools and their use by Authorized End Users are subject to all terms of these Terms, in addition to any supplemental terms related to specific functionality described in this section.
You understand that by using the Site and Services, Your CBO will be granted access to referrals and inquiries made by or on behalf of other Authorized End Users of the Site and Services who may be seeking help from Your CBO. These referrals are content generated by, and are the exclusive property of the Authorized End Users who submit them. Aunt Bertha has and is able to grant you the limited license described in these Terms, to use any inquiry or referral only for the purpose of making further contact with the Authorized End User who submitted it, or the individual who is the subject of the inquiry or referral. Your CBO is not permitted to use any inquiry or referral for any other purpose, unless that purpose is explicitly authorized by Aunt Bertha, the Authorized End User who submitted it, or the individual who is the subject of the inquiry or referral. Obtaining consent from the appropriate individual(s) for any other use of referrals or inquiries Your responsibility. You agree that between Your CBO and Aunt Bertha, Your CBO is solely liable for its use of any referrals or inquiries sent to it, whether or not such use is not explicitly authorized by these Terms. Aunt Bertha reserves the right, but does not have any obligation, to terminate these Terms according to the terms of Section, if we discover that Your CBO is misusing referrals or inquiries from other Authorized End Users.
By claiming Your CBO, you will be granted access to make modifications or updates to the information on the Site related to Your CBO. Any information about Your CBO that you upload to the Site is Your Content and is subject to all other terms of these Terms related to Your Content.
In certain circumstances, you may be granted the functionality to reply directly to a referral or inquiry made by an Authorized End User that represents a health care or care management organization. If you make use of this functionality, you agree to grant the Authorized End User, and the organization that the Authorized End User represents, if any, a non-exclusive, perpetual, irrevocable, and royalty-free license to use your reply for the purposes of maintaining or updating medical or other records held by that Authorized End User, and for any other purpose related to the care of or providing services to the individual who is the subject of the referral or inquiry. This license will survive the termination of these Terms for any reason.
Aunt Bertha is aware that some CBOs provide services to individuals where the records related to those services are subject to the privacy requirements established in 42 CFR Part 2 – Confidentiality of Substance Use Disorder Patient Records. If Your CBO provides such services, You agree that Your CBO is solely liable for maintaining compliance with 42 CFR Part 2, including but not limited to collecting proper written or electronic consent from any individual where such consent is necessary to further disclose that individual’s information for any purpose. While we may provide You with communication tools related to the services that Your CBO provides, it is Your CBO’s responsibility to ensure that those tools, and any other CBO Tools, are used in compliance with all applicable laws and regulations, including 42 CFR Part 2.
“Aunt Bertha” is a trademark that belongs to Us. Other trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are the sole property of Aunt Bertha, a Public Benefit Corporation. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
All right, title and interest in the Site, Services and any other Materials furnished or made available hereunder, including without limitation all data generated from Your use of the Materials, Site, and Services, and all modifications and enhancements thereof, and all suggestions, ideas and feedback proposed by You regarding the Materials, Site, and Services, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by Aunt Bertha or Aunt Bertha’s licensors and providers, as applicable. You hereby do and will irrevocably assign to Aunt Bertha all evaluations, ideas, feedback and suggestions made by You whether by transmitted to Aunt Bertha by phone, email, or otherwise regarding the Site, Materials, and Services (collectively, “Feedback”) and all intellectual property rights in the Feedback.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing content that violates intellectual property rights of others, suspending access to the Site (or any portion thereof) to any user who uses the Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to Our Agent for notice of claims of infringement:
401 Congress Avenue #2500
Austin, TX 78701
Notices. To be sure the matter is handled immediately, Your written notice must: (a) Contain Your physical or electronic signature; (b) Identify the copyrighted work or other intellectual property alleged to have been infringed; (c) Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material; (d) Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address); (e) Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) Contain a statement that the information in the written notice is accurate; and (g) Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification. We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers. We reserve the right, in Our sole discretion, to terminate the Account or access of any user of the Site or Service who is the subject of repeated DMCA or other infringement notifications.
You agree to hire attorneys to defend Us against any claims by third parties related to or in connection with: (i) Your negligence or willful misconduct; (ii) Your or Your Authorized End Users’ violation of these Terms; (iii) Your and Your Authorized End Users’ use of the Site or Services; or (iv) any products or services offered or otherwise provided by You; or (v) any violation of applicable local, state, or federal laws or regulations by You and Your Authorized End Users. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You or Your Authorized End Users. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
DISCLAIMER OF WARRANTIES
THE SITE, THE SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, SERVICES, AND MATERIALS WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE, SERVICES, AND MATERIALS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Site or Services will meet Your requirements or that the Site or Services will be uninterrupted, timely, secure, or error free or that defects in the Site will be corrected. We make no warranty as to the results that may be obtained from the use of the Site or Services or as to the accuracy or reliability of any information obtained through the Site or Services. No advice or information, whether oral or written, obtained by You through the Site or from Us or Our (or Our subsidiaries, licensors, agents, or affiliated companies) shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
IN NO EVENT WILL AUNT BERTHA (OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR AGENTS) BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF AUNT BERTHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
THE CUMULATIVE LIABILITY OF AUNT BERTHA (OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR AGENTS) TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF $500. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
LOCAL LAWS; EXPORT CONTROL
We control and operate the Site from Our headquarters in the United States of America and the entirety of the Site may not be appropriate or available for use in other locations. If You use the Site outside the United States of America, You are solely responsible for following applicable local laws.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship. However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Site without prior notice to You.
Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Site will be heard in the courts located in Travis County, Texas. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Site. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at [email protected].
SMS TERMS AND CONDITIONS FAQs
Why did I receive a text message?
We send a text message each time you:
• Connect to a program and then tell us to contact you by text message
• Schedule an appointment at a program by text message
• Send a program by text message
Text messages can also be sent by someone working on your behalf. When someone is working on your behalf, they must confirm with you before sending a text message.
How many text messages will I receive?
We will send one message per action, appointment, or program. You can opt in to get additional messages with more details if you like. We will also send one additional welcome message when we sent your first text. This is to give you more information about our text messages, such as how to opt out.
If you have scheduled an appointment with program through Aunt Bertha, we will also send one additional text message to remind you 24 hours before your appointment. If you tell us you prefer to communicate with a program by text message, we will let them know, but communication between you and the program (by text or otherwise) is outside of our control.
What if I update my phone number?
We need to know if your number changes so we don’t send your personal information to the wrong person. Currently, we ask for your phone number each time you opt in to a text message to make sure we’re always using the most up-to-date number. Please let us know right away if you update your phone number by sending an email to [email protected].
Don’t want messages?
Reply STOP to stop messages. You can also reply INFO for more information about our messages, and UNSTOP if you have stopped messages and want to start them up again.
Is there any cost?
No, we do not charge for any of our text messages. However, your cell phone provider may charge you normal message and data rates, according to your cell phone plan.
How do I log in by phone?
We’re working on log-in by phone. Check back at https://company.findhelp.com/terms/ periodically for updates on this ability.