Terms of Use

Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of this website and except where prohibited by law, your use of products and services made available to you by Bayvrio’s (Killian Health, LLC).

To make these Terms easier to read, we will collectively call your use of this website and your use of products and services made available to you by Bayvirio the “Services”. These Terms are effective as of January 30th, 2024. These terms were last modified on January 30th, 2024.

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You may use this website only if you are 18 years of age or older, or an emancipated minor and capable of forming a binding contract with Bayvrio. If you are under 18 years of age and not an emancipated minor, or are otherwise incapable of forming a binding contract, you may not use this website.

Privacy Policy

By using all or part of our Services, you are representing that you have read and understand these Terms, our Privacy Policy, and our Notice of Privacy Practices, for information on how we collect, use and share information that may reference or identify you.

Changes to these Terms or Services

We may update the Terms, including without limitation, the Privacy Policy, from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on this website and may also send other communications to you. By using this website, you consent to our providing you with other information to you through any commercially reasonable method. It’s important that you review the Terms whenever we update the Terms or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Your use of all or part of the Services may be conditioned upon your consent to third party or supplemental service terms.

Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services or to our business (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it as our exclusive intellectual property, and sublicense it (through multiple tiers) without any restriction or compensation to you.

General Prohibitions

By using this website you are agreeing to not use this website in any manner which could damage, disable, overburden, or impair any of Bayvrio’s accounts, computer systems, or networks. By using this website you are agreeing to not attempt to gain unauthorized access to any parts of any websites operated by Bayvrio, its affiliated entities, or business partners. By using this website you are agreeing to not use any robot, spider, scraper, or other automated means to access this website, computer system, or network without Bayvrio’s written permission. Access to and use of password protected or otherwise secured areas is restricted to authorized users only. By using this website you are agreeing to use this website only for lawful purposes.

Links to Third Party Websites or Resources

The Services may allow you to access third-party websites or other resources, including without limitation via iFrames within the Services. For example, the Services may allow you to submit User content relating to a job application or otherwise through an iFrame. Unless we expressly indicate otherwise to you, we provide this type of access only as a convenience to you and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources, whether or not you immediately understand the resource is from a third party.

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements, be available on an uninterrupted, secure or error-free basis, be free from defect, or otherwise appropriate for you. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content. Content may become out of date and may include omissions or other errors. Bayvrio may change the information provided on this website at any time without notice. Bayvrio provides the website and content for informational purposes only.

Content available through this website is not a substitute for and do not contain or constitute, and should not be interpreted as, professional or medical advice, opinion, diagnosis or treatment of any kind. The content made available on or through this website should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. For medical advice, you should consult a medical professional.

Responsibility for all Costs in Using the Services

When you access or use this website or any Services, you are responsible for all costs related to your use of the Services. You are responsible for all internet access fees, data usage access fees, SMS messaging fees, and other costs and charges in using any computer, tablet, phone, smart phone or other electronic or mobile device in accessing and using this website or any Services.

You assume the risk of any damage to your equipment and devices, software and data while you access this website or the Services. That damage may arise from power outages, power brownouts and surges, computer viruses, malware and other causes that affect your equipment, devices, software and data.

Governing Law, Forum Choice & Indemnification

These Terms and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of laws provisions. The exclusive jurisdiction for any dispute, claim or controversy arising out of any relationship you may have with Bayvrio will be in Hillsborough County, Florida. By using all or part of the Services you are waiving any objection to forum or venue. YOU EXPRESSLY AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF THE SERVICES SHALL BE RESOLVED THROUGH ARBITRATION, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The American Health Lawyers Association Rules then in effect shall be used in any arbitration proceeding and a single arbitrator shall be appointed by the parties.

Unless prohibited by law, you will indemnify and hold Bayvrio, its affiliates and their respective insurers, contractors, business partners, officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of this website or the Services (including content), (b) any feedback or other information you provide to Bayvrio, or (c) your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAYVRIO, ITS AFFILLIATES AND THEIR RESPECTIVE CONTRACTORS, BUSINESS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAYVRIO OR ITS AFFILLIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNLESS GOVERNED BY A WRITTEN AGREEMENT SPECIFICALLY ALLOCATING A DIFFERENT LIMITATION OF LIABILITY ENTERED INTO BY YOU AND BAYVRIO, IN NO EVENT WILL BAYVRIO’S TOTAL LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BAYVRIO AND YOU.

General Terms

Bayvrio is not obligated to monitor access to or use of the Services. However, we have the right to do so. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Unless Bayvrio is prevented due to an express legal obligation, Bayrio reserves the right, but is not obligated, to remove or disable access to any content or any part of the Services, or suspend or terminate your license and access to and use of the Services, at our sole discretion, at any time and without notice to you.

You agree that Bayvrio and its licensors exclusively own and retain all rights, title and interest in and to the Services, including content, and all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

There are no third party beneficiaries to these Terms. Bayvrio may waive its rights only through a written understanding signed by an authorized company officer. If any provision of these Terms is determined to be invalid, the remainder of these Terms will remain in full force and effect, and then at Bayvrio’s sole discretion these Terms be conformed in a manner that best protects Bayvrio.

These Terms constitute the entire and exclusive understanding and agreement between Bayvrio and you regarding the Services, and unless context requires otherwise, these Terms supersede and replace all prior oral or written understandings or agreements between Bayvrio and you regarding the Services. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, are void. Bayvrio may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Bayvrio’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Contact Information

If you have any questions about these Terms or the Services, please contact us at bayvrio.com/get-started.