Better U, Inc. Terms of Service

Last Updated: January 10, 2026

Introduction

Better U Inc. ("Better U," "we," "us," or "our") provides non-clinical administrative and operational services for independent medical practices. It is important to note that Better U is not a medical practice itself and does not bear responsibility for the quality of care provided by the Medical Groups. The combined services offered by the Medical Groups (professional medical services) and Better U (non-clinical site services) are collectively referred to as the "Service" in these Terms of Service.

By accessing and using the web portal, mobile application, and/or website (www.betterucare.com or portal.betterucare.com) (collectively referred to as the "Platform"), you agree to comply with the following terms and conditions.

Acceptance of Terms

Please read these Terms of Service carefully before using the Platform. By visiting our Platform, you agree to be bound by these Terms of Service and our Privacy Policy, including any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms of Service apply to all users of the Platform, including but not limited to browsers, vendors, customers, service providers, and content contributors.

If you do not agree to these Terms of Service, you are prohibited from using the Platform and Services, and you must immediately discontinue use. Acceptance is expressly limited to these Terms of Service.

By checking the "I agree" box when creating an account on www.betterucare.com or portal.betterucare.com, or by accessing or using the Platform in any way, you are agreeing to be bound by these Terms of Service, as well as Better U's Privacy Policy and the Notice of Privacy Practices for the Medical Groups (Better U Clinical, P.A., Better U Clinical, CA, P.C., and Better Now Medical, NY, P.C.). If you disagree with or refuse to comply with any part of these Terms, you do not have permission to access the Platform or Service.

Data Breach Notification: In the event of a confirmed data breach affecting your Personal Health Information, Better U, Inc., Better U Clinical, P.A., Better U Clinical, CA, P.C., or Better Now Medical, NY, P.C., will notify you in accordance with HIPAA breach notification requirements and applicable state laws within 60 days of discovery of the breach.

Eligibility

The Platform and Services are intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Platform or use the Services without parental permission. If you are above the age of 18 but do not meet the legal age requirements according to your state laws, you are also required to seek parental permission or immediately stop using the Platform.

By registering for any Services, you represent and warrant that you are eligible to use the Platform or have obtained consent from your parent or guardian.

Changes to Terms

We may make changes to these Terms of Service, the Platform, or the Services to meet the needs of our users and/or our business priorities at any time. We will always make it clear to you what you are paying for and will not charge you for the website or its services without clear communication. The updated version of these Terms of Service will be indicated by an updated revised date, and the updated version and/or changes in the Services will be effective upon posting.

It is your responsibility to regularly visit the Platform and stay informed about any updates. Your continued use of the Platform signifies your acceptance of such changes.

Relationship with Better U

Better U provides access for clients to psychiatric clinicians that specialize in holistic psychiatry, medication management, Spravato, ketamine therapy treatments, psychotherapy, and life-coaching as recommended by medical practitioners and integration coaches. Better U does not have control over clinical decision-making and is not responsible for the quality of care provided by these independent practitioners. The professional medical services provided by medical practitioners or doctors and therapy treatment services are collectively referred to in these Terms of Service as the "Service."

Payment and Fees

To simplify the user experience, the Service displays and requires payment for a single "total" package price. However, if a package you purchase necessitates a consultation with a Provider, includes a prescription product filled through one of the Pharmacies, and/or includes mental health services, the total price you pay will include charges for the use of the Service, as well as charges by the Pharmacy for the prescription drug and charges by the Medical Group for the Provider's services, as applicable. These amounts are collected on behalf of and paid to the Pharmacies and Medical Groups.

If you have any questions concerning the Terms of Service, please contact us by sending a message.

Personal Information and Privacy

You are required to provide your accurate Personal Information, including but not limited to your first name, phone number, date of birth, country, and email address at the time of registering for the Service. Any PHI (Personal Health Information) collected is HIPAA compliant and secured. This will help us in providing better Services, assisting you with your query, and associating a relationship with us.

You will be informed about important updates to the Services referring to these details only. Apart from the Personal Information mentioned above, Better U shall also access your IP address and location data to understand your preferences on our Platform and display Services that may be relevant to you. The Personal Information of the Users shall be processed as per our Privacy Policy.

Data Rights and Use of Health Information

By using Better U's telehealth services, you acknowledge and agree that Better U Clinical, P.A. and Better U Clinical CA may collect, store, and use the health information you provide during intake, treatment, and follow-up care to deliver and improve healthcare services. Your de-identified health information may be used for research purposes, including analysis related to clinical trials, quality improvement, and program development. Any research use of your data will exclude personally identifiable information unless you provide separate explicit written consent.

Participation in treatment or telehealth services with Better U is not contingent upon agreeing to research use of your data. You may withdraw your consent to such use at any time by emailing legal@betterucare.com. This withdrawal will not affect your ongoing care.

All data handling and usage comply with applicable privacy laws and regulations, including HIPAA.

Account Registration

You will need to sign up on our Platform and create an account to access the Services. This will help in associating a relationship with us and is required for future reference purposes. All your information will be kept with Better U and can be shared with our business affiliates and partners who shall assist us in providing you with relevant Services. The Personal Information of the Users shall be processed as per our Privacy Policy.

By using this Platform, you are responsible for maintaining the confidentiality of your account, including your password, and for all activities that occur under your username and password, whether your password is with our Service or a third-party service. If your password or account is compromised, you must immediately change your password and notify us if you suspect or become aware of any breach of security or unauthorized use of your account.

Disclosure of Health History, Medications, and Substance Abuse Use

I agree to inform the staff of any known allergies to medications, foods, and/or other substances and have disclosed any previous allergic reactions. I further agree to inform staff of any/all medications/substances I am currently taking, including recreational or street drugs, and have disclosed all pertinent health history. I understand that failure to inform the staff about my medical issues and/or drug use can lead to serious complications.

Information and Communication

The User consents to receive marketing emails on their registered email address from time to time, informing the Users of information including but not limited to Service updates and new features added to the Platform, including offers and promotions that may be of interest through push notifications and/or the registered email.

Privacy Assurance Regarding Mobile and SMS Information

Better U, Inc. is committed to protecting your privacy and maintaining the confidentiality of your personal information. We assure our users that we do not share any mobile information with third parties or affiliates for marketing purposes.

Specifically:

  • We do not disclose, sell, rent, or otherwise share your mobile phone number with any third parties or affiliates for their marketing purposes.
  • We do not provide access to any mobile device identifiers such as IMEI numbers or advertising IDs to third parties or affiliates for marketing activities.
  • We do not share any data collected through our mobile app or mobile website with third parties or affiliates for their marketing use.
  • We may share certain non-mobile information with service providers who assist us in operating our website and delivering our services, but this does not include mobile-specific data for marketing purposes.

Mobile Privacy and SMS Communications

Our commitment to mobile privacy is an integral part of our overall dedication to protecting your personal information. We believe that your mobile data should remain private and under your control.

By providing your mobile number, you consent to receive SMS messages from Better U, Inc. These messages may include appointment reminders and other important notifications related to our services.

Frequency of Messages: You will receive biweekly SMS reminders for appointments, as well as a reminder 1 hour prior to your scheduled appointments.

To Opt Out: If you wish to stop receiving SMS messages from us, reply with STOP or OPT-OUT to any message you receive. You will then be unsubscribed from our SMS campaign and appointment reminders.

To Opt Back In: To reactivate your SMS reminders, text START or OPT-IN to our designated number.

Message and Data Rates: Message and data rates may apply. Please check with your mobile service provider for details on potential costs.

Support: For support, text HELP to our designated number or contact our customer service.

We do not share your mobile number or any related opt-in data with third parties for marketing purposes. Your privacy is important to us, and we are committed to using your mobile information responsibly and in accordance with applicable laws and regulations.

Results and Treatment Expectations

Maintaining Results

For continued results, you may require additional therapy sessions at intervals determined by your treatment provider in conjunction with your personal treatment plan.

No Guarantee of Results

In some situations, it may be possible to achieve optimal results. Should complications occur, additional or other treatments may be necessary. As with any medical treatment performed by any licensed medical professional, our treatment packages are not guarantees for results as everyone's mental health is different. For this reason, Better U does not offer refunds or guarantee results.

Financial Responsibility

I understand that the regular charge applies to all subsequent treatments. I understand and agree that all services rendered to me are charged directly to me and that I am personally responsible for payment. I further agree that in the event of non-payment, to bear the cost of collection and/or court costs, fees, and reasonable legal fees, should this be required.

I understand that I purchased therapy sessions in packages, and as there is no way of determining that you completed one or several sessions, sessions are not sold individually. The packages consist of member portal access, medications from pharmacy, educational content, virtual clinical appointments, treatment preparation appointment, Brain Box meditation mask, journal, gratitude post-its, and BetterUcare app. I understand that whether I take advantage of partial services or all services in the package, this program is self-guided, and I accept full financial responsibility for the package that I purchased.

I understand that I am financially responsible for services rendered by Better U Clinical, P.A. While we may share client success stories on social media or www.betterucare.com, these results are not guaranteed for every individual. Mental health outcomes vary widely based on personal circumstances. As with any medical treatment performed by any licensed medical professional, Better U's programs cannot guarantee specific results, and treatment packages are not guarantees of success. For this reason, Better U does not offer refunds based on treatment outcomes.

Appointment Policies

Missed Appointment and Cancellation Policy

We understand that circumstances can change and want to do our best to accommodate your needs while also being respectful of our clinicians' time.

Advance Notice: If you are unable to attend the appointment you scheduled, text 323-433-5883 or email info@betterucare.com at least 48 hours in advance to avoid a $100 no-show fee.

Consecutive Missed Appointments: In the event that you miss your scheduled clinician appointments twice consecutively, the licensed clinicians will not allow the appointment to be financed, as this prioritizes the efficient use of time and ensures availability for other patients who could benefit from our services.

Cancellation Fee: If you cancel before your initial consultation within 48 hours of your scheduled appointment or cancel after missing your scheduled appointment, you will be charged a $100 cancellation fee. You accept financial responsibility and will not attempt to dispute this charge.

Emergency Exceptions: In cases of genuine emergencies or extenuating circumstances, we may waive this fee at our discretion.

Third-Party Financing: If you financed your package through a third-party financing partner (Denefits, AfterPay, Klarna, Affirm), you are subject to the terms and conditions of your contractual agreement with the third-party financing partner. Better U terms are a separate agreement from the financing company terms.

Pharmacy Disclaimer and Billing Responsibility

Better U is not a pharmacy. We work exclusively with FDA-regulated, reputable, and state-accredited national pharmacies that meet stringent regulatory and quality standards. Any delay in compounding the medication or shipping delays due to natural disasters are not the responsibility of Better U. We will work closely with you and the pharmacies to assist with any processing delays or shipping issues that may arise.

Better U, Inc. does not directly bill insurance companies and does not handle insurance claims. All insurance questions, billing disputes, claim inquiries, or billing adjustments should be directed to Better U Clinical, P.A., Better U Clinical, CA, P.C., Better Now Medical, NY, P.C., or the relevant pharmacy, as applicable.

Refund Policy

At Better U Clinical we strive to deliver accessible and effective care while maintaining transparency in our policies.

Refund Eligibility and Timeline – EXPLICIT POLICY

The following refund policy is binding and non-negotiable:

  1. Refunds Based on Clinical Determination
    • If the affiliated licensed clinician (from Better U Clinical, P.A., Better U Clinical, CA, P.C., or Better Now Medical, NY, P.C.) determines that you are NOT eligible or NOT a good candidate for Better U's programs PRIOR to starting treatment, a FULL refund will be issued within 5-10 business days as soon as the clinician informs Better U of this decision.
  2. Refunds for Non-Medical Reasons – 90-Day Window ONLY
    • Refunds for non-medical reasons may ONLY be requested within 90 days of the purchase or service date, measured from the date of initial payment to Better U, Inc.
    • NO REFUNDS will be issued under any circumstances after the licensed clinician sends prescriptions to a pharmacy to be filled. This is a FINAL CUTOFF.
    • Any refund approved within the 90-day window will have a 3.5% merchant processing fee deducted from the refund amount to cover payment processing costs.
  3. The 90-Day Non-Medical Refund Window Includes:
    • Refunds for change of mind or disinterest in the program
    • Refunds for personal circumstances preventing participation
    • Refunds requested before consultation with a provider
  4. The 90-Day Non-Medical Refund Window EXCLUDES:
    • ANY refunds after a licensed clinician has provided clinical services or consultations (as at this point services have been rendered)
    • ANY refunds after prescriptions have been sent to a pharmacy  
      • (as at this point services have been rendered)
    • ANY refunds after initial treatment has begun
      •  (as at this point services have been rendered)
    • ANY refunds based on clinical outcomes or treatment results
  5. How to Request a Refund: Explicit Process
    • You must submit a written refund request to info@betterucare.com within the 90-day non-medical window
    • Your refund request must clearly state the reason for the refund and the date of purchase
    • All refund requests will be reviewed and a determination will be communicated to you within 3 business days
    • If your refund request is approved, processing will occur within 5-10 business days from approval
    • Refunds will be returned to the original payment method used at the time of purchase
  6. Final Sale Policy – NO EXCEPTIONS
    • All sales are FINAL and NON-REFUNDABLE once any of the following occur:
      • A licensed clinician has provided a clinical consultation
      • A licensed clinician has initiated treatment
      • Prescriptions have been sent to a pharmacy to be filled
      • The patient has received any prescription medication
      • The 90-day non-medical window has closed
  7. No Refunds for Clinical Outcomes or Results
    • Better U does not offer refunds based on treatment outcomes, clinical effectiveness, or results, or lack thereof
    • Better U does not offer guarantees for results due to the individualized nature of mental health treatments
    • Mental health outcomes vary widely based on personal circumstances, medication adherence, lifestyle factors, and individual physiology
    • As with any medical treatment performed by any licensed medical professional, Better U's programs cannot guarantee specific results, and treatment packages are not guarantees of success
  8. Third-Party Financing – Separate Contractual Obligations
    • If you financed your package through a third-party financing partner (Denefits, AfterPay, Klarna, Affirm), your contractual obligations to the third-party financing company remain binding regardless of any Better U refund
    • Better U refunds are separate agreements from your financing company agreement
    • You remain responsible for any amounts owed to the financing partner if a refund is issued
  9. Disputes and Billing Inquiries
    • For questions about refunds or disputes, contact info@betterucare.com or call 323-433-5883
    • Any disputes regarding refund eligibility will be resolved in accordance with the Dispute Resolution and Arbitration section of these Terms of Service

Acceptable Use

You may not access or use the Platform for any purpose other than that for which we make the Platform and our Services available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a User of this Platform, you agree not to:

  • Systematically retrieve data or other content from the Platform to compile a database or directory without written permission from us
  • Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of other Users to send unsolicited emails or creating user accounts under false pretenses
  • Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Platform
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform
  • Attempt to impersonate another user or person, or use the username of another User
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Platform in order to harass, abuse, or harm another person
  • Use the Platform or our Services as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform
  • Attempt to access any portions of the Platform that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy, modify, or adapt the Platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit or attempt to upload or transmit viruses, trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Disparage, tarnish, or otherwise harm, in our opinion, Better U Inc., Better U Clinical, P.A., us and/or the Platform
  • Use the Platform in a manner inconsistent with any applicable laws or regulations
  • Misrepresent experience, skills, or information about a User
  • Falsely imply a relationship with us or another company with whom you do not have a relationship
  • Exchange of rude, abusive, improper language, or violent messages while interacting

Ownership of Content and Intellectual Property Rights

Better U owns the Platform and all Services and content therein except for content posted by the Users (User Content) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by Better U, you will not copy, distribute, sell, lease, perform, display, sublicense, modify, or prepare derivative works of the Platform, in whole or in part. Better U reserves all rights not expressly granted to you under these Terms of Service.

All Content on the Platform is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on the Platform or accessed through the Services. Any use of the Platform not expressly permitted by these Terms of Service will be deemed a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

Better U and associated brands and designs are the trademarks of Better U. You must not use any such trademarks unless you have a valid, written agreement or consent from Better U to do so. All third-party trademarks on the Platform are the property of their respective owners.

Modifications to and Availability of the Platform

We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We cannot guarantee the Platform and Services will be available at all times.

We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that Better U has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services.

Although we will try our best, we are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases. There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Termination of Services

We may also wish to stop providing the Services via Platform and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination: (a) the rights and licenses granted to you in these Terms will end; and (b) you must stop using the Platform.

Limitations of Liability

Better U and all its officers, directors, employees, affiliates, and agents assume no liability or responsibility for, and in no event shall Better U, its officers, directors, employees, affiliates, or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from: any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Platform; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform, by any third party; and/or any errors or omissions in any submissions or other content made available by Better U or for any loss or damage of any kind incurred as a result of the use of any submissions or other content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

You understand and agree that the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Better U does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked Platform or featured in any advertising. Better U will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services.

You specifically acknowledge that Better U shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Platform Independence and Non-Clinical Role

Better U, Inc.'s Platform is provided "as-is" without warranty of uninterrupted service. Users acknowledge that service interruptions, data delays, or platform malfunctions do not constitute malpractice or clinical negligence, as the Platform is a non-clinical tool used by independent medical providers (Better U Clinical, P.A., Better U Clinical, CA, P.C., and Better Now Medical, NY, P.C.) who maintain independent control over all clinical decisions and operations.

Third-Party Provider Independence

Better U, Inc. does not employ, supervise, or control the clinical judgment of any affiliated clinicians. All affiliated providers associated with Better U Clinical, P.A., Better U Clinical, CA, P.C., and Better Now Medical, NY, P.C., are independent contractors or employees of separate medical entities. Better U, Inc. does not make, influence, or participate in any clinical decisions. Better U, Inc.'s role is limited to providing administrative, scheduling, and platform services.

Indemnification

You undertake to indemnify and hold Better U Inc. harmless from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, legal costs, arising from or relating to User Content, your unauthorized use or conduct of the Platform or any violation of the relevant policies, including but not limited to these Terms of Service, any applicable laws and regulations or rights of any third parties. Better U reserves the right, at its own expense, 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 Better U's defense of such claim.

Practice Discretion and Right to Decline Care

Better U Clinical, P.A., Better U Clinical, CA, P.C., Better Now Medical, NY, P.C., and their affiliated licensed clinicians and practices (the "Medical Practice") reserve the right to determine, at their sole discretion, whether to establish or continue a provider–patient relationship. Submission of intake forms or initial inquiries does not guarantee acceptance into any program or the provision of medical services.

Decisions to decline or discontinue care may be based on considerations such as, but not limited to, clinical appropriateness, service availability, policy alignment, acceptance of terms of service, or other operational factors. The Medical Practice is committed to ensuring safe, effective, and ethical care for all individuals. When appropriate, the Medical Practice may refer or direct individuals to alternative providers if it is determined that a better fit exists for their needs.

The Medical Practice does not discriminate on the basis of race, religion, gender, sexual orientation, disability, or any other legally protected characteristic. All decisions regarding the establishment or continuation of care are guided by clinical standards and internal policies designed to best serve the well-being of both patients and our professional team.

Important Notice Regarding Better U, Inc.'s Role

Better U, Inc. is not a medical practice, does not provide medical care, and does not own, direct, or influence the clinical judgment or care provided by Better U Clinical, P.A., P.C., Better U Clinical, CA, P.C., Better Now Medical, NY, P.C., or by any affiliated clinicians or practices or pharmacies. All medical care is delivered solely by the Medical Practice or its independent clinicians.

Corporate Separation Clarification: Better U, Inc. is a software and administrative services provider only. Better U Clinical, P.A., Better U Clinical, CA, P.C., and Better Now Medical, NY, P.C. are independent medical entities with separate ownership, management, and clinical protocols. No agency, partnership, joint venture, or employment relationship exists between Better U, Inc. and these medical practices.

For more information on Better U Clinical, P.A.'s, Better U Clinical, CA, P.C.'s, or Better Now Medical, NY, P.C.'s terms of service, please refer to their patient intake documents.

Controlled Substance Disclaimer

Better U, Inc. does not prescribe, dispense, dispense, or control the distribution of any controlled substances, including but not limited to ketamine, psychedelic therapies, or other schedule-controlled medications. All prescribing decisions, dosing, and pharmaceutical decisions are made independently by Better U Clinical, P.A., Better U Clinical, CA, P.C., Better Now Medical, NY, P.C., and their affiliated clinicians in accordance with DEA regulations, state pharmacy law, and clinical standards. Better U, Inc. bears no responsibility for the prescribing practices of affiliated medical providers.

State-Specific Telehealth Limitations

Users acknowledge that the availability of telehealth services is subject to state licensing requirements. Better U Clinical, P.A., Better U Clinical, CA, P.C., and Better Now Medical, NY, P.C., and their affiliated providers are licensed to practice in specific states only. Users are responsible for verifying that their state permits the telehealth services requested. Services are not available in all states, and users should verify the geographic availability of services prior to engaging with the Platform.

Dispute Resolution and Arbitration

Agreement to Arbitrate

You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action").

The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim and only that claim must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated.

This Dispute Resolution section will survive any termination of this Agreement.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the AAA Rules) then in effect, except as modified by this Dispute Resolution section. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators.

If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.

Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

The arbitrator's award of damages must be consistent with the terms of the Limitation of Liability section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys' fees and expenses if we prevail in arbitration.

Arbitration Fees

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

Changes to Dispute Resolution

Notwithstanding anything to the contrary in this Agreement, if we change this Dispute Resolution section after the date you accepted this Agreement or accessed our Services, you may reject any such change by sending us written notice (including by email to support@betterucare.com) within ten (10) days of the date such change became effective, as indicated in the Effective Date listed at the beginning of this Agreement or in the date of our email to you notifying you of such change.

By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this Dispute Resolution section as of the date you accepted this Agreement, or accessed our Services.

General Provisions

Electronic Communications

Visiting the Platform and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail, and on the Platform, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means.

Entire Agreement and Severability

These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Platform or Services.

Governing Law, Venue, and Jurisdiction

This Platform, Better U Services, and the use of it and any dispute of any sort that might arise between you and Better U is governed by the laws of California and the competent courts of the state of California shall have exclusive jurisdiction over any disputes hereunder.

Contact Information

If you have any questions concerning the Terms of Service, please contact us:

Important Medical Disclaimer

This website has been reviewed by Better U Clinical, P.A., and should not be used as a substitute for professional medical advice, diagnosis, or treatment. All content found herein, including text and images, were created for informational purposes only.

Never disregard professional medical advice or delay in seeking it because of something you have read on our website. If you think you may have a medical emergency please call your doctor or call 911 immediately.

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