Terms of Use

1. ABOUT BELLATOR HEALTH

Bellator Health LLC (“Bellator,” “us,” “our,” or “we”) has created these Terms of Use (“Terms”) to govern the use of our website https://bellator.health/ (“Site”) and the publicly accessible informational features provided through it (collectively, “Services”). Read this document carefully as it is a binding document between us. By using the Site and our Services you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms.

These Terms govern the public Site and its informational features only. They do not govern Bellator’s patient intake, automated calling, referral coordination, scheduling or other services provided to or on behalf of healthcare organizations (“Healthcare Services”), even where those services may be accessed through links from the Site. Those activities may be subject to separate customer agreements, business associate agreements, patient-facing terms, notices, consents and applicable law, which control in the event of a conflict. These Terms do not themselves provide patient consent or HIPAA disclosures.

2. ACCEPTANCE OF TERMS OF USE

Binding Terms. Please read these Terms carefully. It is a legal document that explains your rights and obligations related to your use of our Services.

Eligibility. You represent and warrant that you are at least 18 years old or the age of majority in the state in which you reside, and have the right, capacity and authority to be bound by these Terms. The public Site is intended for use by individuals located in the United States. By using the Site, you confirm that you meet these eligibility requirements.

Updates to Terms. Bellator reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on our Site with a new Last Updated date shown. Changes will apply prospectively from that date to the extent permitted by law, and your continued use of the Site after that date signifies your agreement to such changes.

Contacting You. Please keep your contact information up to date, as you are solely responsible for the contact information you provide to us. When you provide contact information in connection with a business inquiry, demonstration request or other activity on our Site, you agree that we may use it to respond to that communication and for related ordinary business communications, subject to applicable law. Providing a telephone number or email address does not, by itself, constitute consent to automated or prerecorded marketing calls, artificial-voice calls or marketing text messages, and any consent otherwise required by law must be obtained separately.

3. INTELLECTUAL PROPERTY RIGHTS

Ownership of Content and Marks. The Services, and all content published on or accessible through the Site and our Services (“Content”), is owned by Bellator, its affiliates or its licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. Bellator owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks, logos, service marks, trade names, and trade dress appearing on the Services (“Marks”) are proprietary to Bellator, its affiliates or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout or form), nor use any meta tags or any other “hidden text” utilizing Bellator’s name or Marks, without Bellator’s prior express written consent. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit the Site, Services, Marks or Content, in whole or in part, without Bellator’s prior written consent.

Our Limited License to You. Bellator grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary for their intended purpose. You may not insert any code or product to manipulate the Content or Site in any way that affects any user’s experience. Bellator and its licensors reserve all rights not expressly granted in and to their respective Marks and Content. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download copies of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any general Site-related material (including, without limitation, comments or suggestions) to us via the Site, if possible, or otherwise through our general business inquiry channels, you represent that you own the material or have the right to provide it. You grant Bellator and those authorized by us a non-exclusive, royalty-free, worldwide license to use, copy, modify and distribute such material as reasonably necessary to respond to your submission and operate, improve or promote our Site and business, subject to applicable law and our Privacy Policy. This license does not apply to patient information, protected health information, materials subject to a separate confidentiality agreement or information processed in connection with Healthcare Services.

4. USE OF THE SITE

Rules of Conduct. In connection with your use of the Site, you will (i) only use the Site as permitted in these Terms for your personal or legitimate business use; (ii) not upload or input to the Site any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) not reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its content or any software or other products or processes accessible through the Site; (iv) not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, monitor traffic on the Site, obtain or accumulate personal information about other users, or collect or store personal data about other users; (v) not copy or adapt the object code of the Site’s software, HTML, JavaScript or other code; (vi) not use the Site in any manner that in our reasonable judgment adversely affects its performance or function or interferes with other users; (vii) undertake to use the Site only for purposes in compliance with these Terms and any applicable law or regulation; and (viii) take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

Healthcare Services and Third-Party Services. Bellator may provide links or access points to products or services of third parties or to certain Healthcare Services. This public Site agreement does not govern those services or supersede the separate agreements, consents, privacy notices or legal requirements that may apply to them. Healthcare professionals and organizations, rather than this public Site, are responsible for decisions concerning patient care and treatment. Bellator is not responsible for the independent processing, terms or practices of third-party websites or services.

4A. COMMUNICATIONS AND CONSENTS

These public-Site Terms, and the submission of contact information through the general Site, do not themselves constitute consent to receive automated, artificial-voice or prerecorded calls, text messages, or to the recording or transcription of calls in connection with Healthcare Services. Any notice or consent required for such activities must be addressed through the applicable healthcare-service or communication process in accordance with applicable law. These Terms do not establish that any such notice has been given or consent obtained.

5. GENERAL

No Third-Party Beneficiaries. These Terms are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and the parties do not intend to confer third-party beneficiary rights upon any other person.

International Users. The Site can be accessed from locations around the world. Bellator makes no representations that the Site, content or other services available through the Site are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local and international laws.

Communications from Bellator. If you provide your email address or other contact information to us or our service providers in connection with a public Site inquiry, you may receive online communications from us relating to that inquiry. To unsubscribe from any promotional email, click the “Unsubscribe” link in the email or contact us at bellator@bellator.health. To see how we use your personal information and for other choices, please refer to our Privacy Policy.

Feedback. All general comments or materials submitted to us regarding the public Site, including testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), may be used by Bellator on a non-confidential basis unless a separate agreement or applicable law requires otherwise. If you provide Bellator with Feedback, you hereby grant Bellator a non-exclusive, fully-paid, royalty-free, worldwide license to reproduce, distribute, modify, prepare derivative works based on, publicly perform or display, and otherwise use that Feedback for legitimate business purposes, subject to applicable law. You understand and agree that Bellator is not required to use your Feedback or to credit or compensate you for it. You represent that you have sufficient rights to provide that Feedback. This provision does not apply to patient information, protected health information, confidential materials subject to a separate agreement or information submitted in connection with Healthcare Services.

User Conduct. You agree not to use the Site for any unlawful, abusive, or disruptive purpose, including the transmission of malware, spam, or other unsolicited communications. You may not interfere with the operation or security of the Site or attempt to gain unauthorized access to any portion of it.

6. LEGAL NOTICES

Third Party Links. Throughout the Site, we may provide links to third-party sites or access to services provided by third parties. Our linking to such third-party sites or services does not imply an endorsement or sponsorship of such sites or services, or the information, products or services offered on or through them. In addition, we do not operate or control in any respect the information, products or services that third parties may provide on or through sites linked from our Site.

Limitation of Warranty. THE INFORMATION, CONTENT AND SERVICES OFFERED ON OR THROUGH THE PUBLIC SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AGENTS AND THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES THAT RESULT FROM LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, THE USE OR INABILITY TO USE THE PUBLIC SITE OR RESULT FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AGENTS AND THIRD-PARTY SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE LIMITATIONS SET FORTH HEREIN ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOUR USE OF THE PUBLIC SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR REMEDY IS TO DISCONTINUE USING THE SITE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY TO THE EXTENT PROHIBITED BY LAW OR MODIFIES ANY LIABILITY GOVERNED BY A SEPARATE AGREEMENT FOR HEALTHCARE SERVICES.

Indemnification. To the extent permitted by law, you agree to defend, indemnify and hold harmless Bellator, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and affiliated companies, agents, associates, officers, directors, shareholders and employees, from and against third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to your unlawful use of the public Site, material violation of these Terms or infringement of another party’s rights through content or Feedback you submit.

Disclaimer and Limitation of Liability (General Statement). The information on this website is provided for general informational purposes only. Bellator offers technology and administrative tools for referral and appointment coordination; the public Site does not provide medical advice, diagnosis, treatment or emergency services. Medical decisions remain with qualified healthcare professionals, and no physician-patient relationship is created through use of the public Site. While we strive for accuracy, Bellator makes no warranties or representations about the accuracy, completeness or reliability of Site content or third-party services linked through the Site, including information about providers, availability, insurance participation or appointments. Your use of the Site is at your own risk. To the fullest extent permitted by law, Bellator disclaims liability for indirect, incidental or consequential damages arising out of or in connection with your use of the public Site or your reliance on information provided there. If you are dissatisfied with the Site, your remedy is to stop using it.

Copyright Complaints. If you believe any content on our Site infringes your copyright, please notify us at bellator@bellator.health with “Copyright Complaint” in the subject line and include: (1) a description of the copyrighted work, (2) the location of the material on our Site, and (3) your contact information.

7. DISPUTE RESOLUTION

Informal Resolution. In the event of any dispute, controversy or claim arising out of or relating to these Terms or our public Site or Services (“Dispute”), you agree that before taking formal action, you will contact us at bellator@bellator.health, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution. This requirement does not bar relief necessary to preserve legal rights or prevent imminent harm.

Arbitration. If we cannot reach resolution, you consent to arbitrate your Dispute before a single arbitrator under the then-current applicable rules and fees of the American Arbitration Association (or another alternative dispute resolution provider chosen mutually by you and Bellator) in New York County, New York, rather than litigate the dispute in court, except where applicable law or the arbitration provider’s rules require an alternative location or remote proceeding.

The arbitration will be governed by the laws of the State of Delaware, conducted in English, and be confidential to the extent permitted by applicable law. You and Bellator also agree that the Federal Arbitration Act governs the interpretation and enforceability of the agreement to arbitrate. In addition, to the fullest extent permitted by law, you agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity or consolidated claims involving another person’s use of the Site or Services, if Bellator is a party to the proceeding. The arbitrator may award any individual relief available under applicable law and shall not be restricted from awarding statutory remedies that cannot lawfully be waived. Any relief ordered cannot affect other users of the Site or Services except as required by applicable law. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If the class-action waiver is held unenforceable as to a particular claim, that claim will proceed in court and not in class arbitration, to the extent permitted by law. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial to the extent permitted by law. Nothing in this Section governs disputes under separate agreements for Healthcare Services or limits claims that cannot lawfully be subjected to arbitration.

Exceptions. There are two exceptions to this arbitration agreement:

1. Either of us may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; and

2. If a party reasonably believes that the other party has threatened to infringe its intellectual property rights, the owner of those rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

Opt-Out. If you are a new visitor to our Site, you may reject the agreement to arbitrate by emailing us an opt-out notice to bellator@bellator.health. The opt-out notice must be received no later than thirty (30) days after the date you accept these Terms of Use for the first time. If you are not a new visitor to our Site, you have thirty (30) days after the posting of a material change to this arbitration provision to submit an opt-out notice for that change. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out has no effect on any previous, other or future arbitration agreement you may separately enter into with us.

Opt-Out Procedure. To opt out, email your name, the email address you used to contact us (if any) and a clear statement that you elect to opt out of arbitration under these Terms to: bellator@bellator.health. We will not require a copy of your driver’s license or other government-issued identification to exercise this opt-out.

PLEASE UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND WE ARE WAIVING THE RIGHT TO A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND/OR A TRIAL BY JURY, EXCEPT AS PROVIDED ABOVE OR OTHERWISE REQUIRED BY LAW.

8. MISCELLANEOUS

These Terms and policies incorporated herein are the entire agreement between you and Bellator relating to your use of the public Site and Services. They supersede any and all prior or contemporaneous agreements between you and Bellator relating to use of the public Site and Services, but do not supersede separate agreements relating to Healthcare Services. You may not assign your rights under this agreement to any third party without Bellator’s prior written permission. Bellator may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Bellator to partially or fully exercise any rights or the waiver of Bellator of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Bellator or be deemed a waiver of a subsequent breach of the same or any other term of these Terms. The rights and remedies of Bellator under these Terms and any other applicable agreement between you and Bellator shall be cumulative, and the exercise of any such right or remedy shall not limit Bellator’s right to exercise any other right or remedy.

9. CONTACT US

If you have any questions about these Terms or our Site or Services, please contact us at bellator@bellator.health.