Berry Health is designed for specific non-emergency medical conditions and concerns. If you believe you are experiencing a medical emergency, please dial 911 or contact your local medical provider.
This User Agreement (collectively with Berry Health’s Privacy Policy) applies to your use of all sites (collectively, the “Sites”) to which this User Agreement is linked, and the services, features, content or applications (together with the Sites, the “Services”) offered by Berry Health and our affiliated brands and products. The terms “we”, “us”, “our” and “Berry” refer to Berry Health, Inc.
Please read this User Agreement carefully as it sets forth the legally binding terms and conditions for your use of our Services.
This User Agreement contains a mandatory arbitration provision in Section XXI which includes a class action, class arbitration, and jury trial waiver. These provisions require the use of arbitration to resolve disputes, rather than jury trials or class actions. By accepting these terms, you expressly agree to be bound by and abide by this agreement, including the mandatory arbitration provision and the class action waiver provision.
I. Introduction
These Terms of Use (the “Terms”) describe your rights and responsibilities regarding the Berry Health website (“website” or the “Platform”) owned and operated by Berry Health.
In these Terms, “we”, “our”, “us”, and “Berry” collectively refer to Berry Health and any products, subsidiaries, and affiliations. The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.
You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with Berry Health and engage in health-oriented activities with health professionals and professional entities affiliated with Berry Health, and such processes have the same force and effect as your written signature.
II. Modification of Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.
III. Description of Berry Health
You understand and agree that the Platform is intended to facilitate the following services (the “Services”): (a) the development and gathering of healthcare records and information; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating fulfillment and payment for prescription medications ordered or prescribed by medical providers; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers for communication, consultations, assessments, and treatment.
You understand that the Platform gathers unique information from you to enable an affiliated medical provider to determine whether a prescription or a diagnostic test is indicated and appropriate for you. You further understand and agree that after reviewing your information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Healthcare Services”).
All medical providers who deliver Healthcare Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities and (ii) solely responsible for such Healthcare Services provided to you.
Berry Health does not provide any Healthcare Services through the Platform and is not licensed to practice medicine. Berry Health does not control or interfere with the provision of Healthcare Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Healthcare Services provided to you.
IV. Eligibility
In order to use the Services through the Platform, the following must be true:
- You are at least 18 years of age or older.
- You live in the United States and in a state or territory where the Services are available.
- You agree to be legally bound by and comply with these Terms of Use.
- You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform.
V. Availability
The Services are currently available to individuals located in certain states. To see the list of current states, please contact customer service at hello@berryhealth.com.
VI. Registration, User Accounts, and User Data
You are obligated to register with Berry Health in order to access the Services. Upon registration, the Platform may contain forms or fields that allow you to enter, submit, or transmit user information or data (“User Data”). You understand and agree that any User Data provided by you may be used by Berry Health in performance of the Services, conducting research or analyses, and improving features, products, and services.
VII. Your Responsibilities and Acknowledgment
As a condition of your use of the Services through the Platform, you agree that all information you provide is accurate, complete, and correct, and you will accurately maintain and update any information you have provided. Your permission to use the Platform is personal, and your identification information must be accurate and truthful.
You agree to keep confidential your username and password and that you are responsible for all activities that occur under your account. You may not transfer or share your password with anyone or create more than one account.
VIII. Restrictions on Use
You will not use our Platform except as expressly permitted in these Terms. You will not access or use the Platform in any manner that infringes any intellectual property right, violates any applicable law or regulation, or is prohibited by these Terms. You will not license, sell, distribute, or otherwise commercially exploit the Platform.
IX. Licensing
Subject to your compliance with these Terms, Berry Health grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest is transferred to you.
X. Disclaimer of Limited Healthcare Services
The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding medical conditions, drugs, or medications.
XI. Telehealth Consent
Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed healthcare professionals in another location. Though telehealth carries potential benefits, like any medical procedure, it also carries potential risks. In order to receive Healthcare Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth.
XII. Payment
When you submit your information for Healthcare Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final.
You understand that Berry Health-affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise), and therefore, you are exclusively and solely responsible for paying all fees due to receive the Healthcare Services.
All payment information is securely processed through Stripe. For data privacy details, visit Stripe’s privacy notice at stripe.com/privacy.
XIII. Privacy
Berry Health understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your information.
XIV. Intellectual Property
Berry Health is the sole and exclusive owner of all right, title, and interest in and to the Platform and its content, features, and functionality, and all intellectual property rights therein. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by Berry Health or its licensors.
XV. Third-Party Links and Websites
The Platform may contain hyperlinks or references to other websites operated by third parties. The linked sites may not be under our control; therefore, we are not responsible for the information, products, or services described therein. Your use of these linked sites is at your own risk.
XVI. Disclaimer of Warranties
You acknowledge and agree that the Platform and the Services are provided on an “as is” and “as available” basis. Your use of the Platform is at your sole risk. Berry Health and its affiliates make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Platform and the Services, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, or completeness.
XVII. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, neither Berry Health nor its related persons or licensors will be liable to you for any claims, liabilities, losses, costs, or damages under any legal or equitable theory, including but not limited to any indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data, or loss of goodwill. To the extent permitted by law, the total liability of Berry Health for any claims under these terms shall not exceed U.S. one hundred dollars ($100.00 USD).
XVIII. Indemnification
You agree to indemnify, defend, and hold Berry Health and any of its related persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to any breach by you of these Terms, your use of the Platform in an unauthorized manner, and/or a violation by you of any applicable laws.
XIX. Modifications to the Platform
Berry Health reserves the right at any time and for any reason to modify, temporarily, or permanently discontinue the Platform, or any portion thereof, with or without notice.
XX. Suspension and Termination of Rights
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason.
XXI. Governing Law; Dispute Resolution; Arbitration
In the event of a dispute, you and Berry Health agree to try to resolve it informally first. If we can’t resolve it in 60 days, we agree to waive the right to trial by jury and arbitrate the claim. You may opt-out of arbitration within 30 days of first accepting this arbitration clause.
You agree to resolve disputes with Berry Health through binding arbitration, except as described in this section. The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action.
Class Action Waiver
You and Berry Health agree that you may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis. The parties agree to waive all rights to have any dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
Opt-Out
You may reject this Arbitration Clause and opt out of arbitration by sending an email to hello@berryhealth.com within thirty (30) calendar days of first accepting these Terms.
XXII. Copyright Infringement
Berry Health complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have objections to copyrighted content, please contact us at hello@berryhealth.com.
XXIII. Miscellaneous
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter herein. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
XXIV. Contact Information
If you have any questions or concerns, please contact hello@berryhealth.com.
Berry Health is a patient management platform that works with independent physicians and practitioners who provide services utilizing the Berry Health Platform. Berry Health does not directly provide medical or pharmacy services and payment does not guarantee the writing or dispensing of a prescription. Medical services are provided via independent providers. The information provided on this website is for informational purposes and not a substitute for professional medical advice, diagnosis, or treatment. This site is an advertisement for services and not any specific medication.