Terms of Use

Last Updated:
September 1, 2022

Terms of Use

Effective Date:  September 1, 2022

THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENT MEDICAL CONDITIONS OR CONCERNS.  IF YOU BELIEVE YOU OR SOMEONE YOU KNOW IS HAVING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES

IMPORTANT — THIS TERMS OF USE AGREEMENT (“AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("YOU" or "YOUR") AND PRIMASUN LLC (HEREINAFTER "COMPANY," "WE", "US" OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF WWW.PRIMASUN.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY COMPANY (THE "WEBSITE(S) ").

  1. Agreement.  BY USING ANY WEBSITES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME.  IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S).  THOSE CHANGES WILL GO INTO EFFECT ON THE EFFECTIVE DATE SHOWN IN THE REVISED AGREEMENT.  BY CONTINUING TO USE ANY WEBSITES AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
  2. Description of Services.  You understand and agree that the Website is intended to facilitate the following services (the “Services”): (a) the development and gathering of health care records and information with retention of the same for use in clinical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Health Care Services (as defined below); (c) administrative support in connection with coordinating optional fulfillment and payment for diagnostic testing and prescriptions by clinical providers performing Health Care Services; and (d) telecommunications and technology support for using the Website as a means of direct access to clinical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such clinical providers.  You understand that the Website gathers unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). 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 certain products, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Health Care Services”).  With these Terms and on-going use of the Website, you: (a) understand and agree to the terms of use, privacy policy, and notice of privacy practices adopted by our Health Care Services partner and the affiliated professional entities (https://betternight.com/welcome/standard); and (b) give us consent to send and disclose to the affiliated professional entities and their medical providers all Your Information so that you may receive Health Care Services.  Further, you consent to our delivery of Your Information to affiliated and unaffiliated pharmacies, laboratories, durable medical equipment, and others as part of coordinating desired fulfillment and payment for diagnostic testing, prescriptions, and medical devices recommended as part of the Health Care Services.  All medical providers who deliver Health Care Services through the Website are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Primasun, and (ii) solely responsible for such Health Care Services provided to you. Primasun does not provide any Health Care Services through the Platform and is not licensed to practice medicine. Primasun does not control or interfere with the provision of Health Care Services by the clinical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that Primasun is not responsible for Health Care Services, or your use of any Health Care Services, provided by a clinical provider or affiliated professional entity, including any personal injury or property damage. 
  3. Eligibility.  The Website may not be eligible for the delivery of the Services to all potential users and it may be limited by age and jurisdiction of location.  The Website contains more information on those eligibility criteria.  You understand and agree that agreeing to the Terms and meeting any Website eligibility criteria does not guarantee that you will receive the Services through the Website. In addition to the above requirements, Primasun and its affiliated professional entities and other third parties reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.  Further, clinical providers and affiliated professional entities delivering the Health Care Services may on a case-by-case basis determine that certain criteria apply to utilizing the Website for the Health Care Services or that Health Care Services are not appropriate in any individual instance for a particular user.  
  4. Conditions of Use. THESE TERMS AND CONDITIONS, including but not limited to the Primasun Privacy Policy (“Terms”), detail your rights, privileges, and obligations in your use of the Primasun Websites. We may modify these Terms at any time and such modifications or updates will be effective at time of posting. You are strongly encouraged to review these Terms on a regular basis. If you do not agree to any of the Terms, you should stop your access and use of the Primasun Website(s), and, if you already are a member with a registered Primasun account, you must follow the steps stated on the Website to deactivate your online account. Upon deactivation of your account all account information unique to you will be deleted and will no longer be retrievable by you. If you have worked with a medical service provider through the Primasun website, please contact your medical service provider directly for your own medical records. YOU UNDERSTAND THAT YOUR USE OF ANY PRIMASUN WEBSITE FEATURES IS SUBJECT TO THESE TERMS REFERENCED HEREIN, EACH OF WHICH IS FULLY INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. UPON YOUR ACCESS OF THE PRIMASUN WEBSITE(S) YOU HAVE ACCEPTED (WITHOUT MODIFICATION BY YOU) ALL OF THE REFERENCED TERMS, CONDITIONS, POLICIES, AND NOTICES REFERENCED HEREIN.
  5. Acceptable Use.  When you use the Websites, you may not:
  • violate any law or regulation;
  • transmit any viruses, malware or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • use any means to scrape or crawl any web pages or Content (as herein defined) contained in the Websites (although Company may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases); 
  • attempt to circumvent any technological measure implemented by Company or any of Company's providers or any other third party (including another user) to protect the Websites;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  1. Ownership & Copyright Restrictions.  The Websites are owned and operated by Company and/or its licensors.  The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by Company or its licensors, unless otherwise noted.  You must abide by all additional copyright notices or restrictions contained in the Websites.  
  2. Copyright Permission.  Permission is granted for viewing the pages on the Websites, subject to the terms and conditions of this Agreement.  In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by Company and/or its licensors and Company and/or its licensors retain complete title to the information and all property rights therein.  All other rights are reserved.
  3. Trademarks.  All Content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Company.  Trademarks, service marks and logos owned by third parties remain the property of such third parties.
  4. Submissions.  If you submit any ideas, suggestions or testimonials to Company, you hereby grant us the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet.  You may only submit ideas, materials and content if you have obtained appropriate copyright and other permission and you hereby grant Company and its licensors the right to use such materials.  You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
  5. Accounts. In order to use certain features of the Website, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Website.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  6. Privacy Policy.  Company has customer information and privacy policies as set forth in its online Privacy Policy https://primasun.com/privacy-policy, which is fully incorporated herein by reference.  You hereby agree to be bound by Company's Privacy Policy.  
  7. DISCLAIMER.  THE WEBSITES ARE MADE AVAILABLE “AS IS” AND COMPANY AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE WEBSITES, OR INFORMATION CONTAINED ON THE WEBSITES. YOU AGREE TO ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITES. 
  8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   

  1. Term and Termination.   Subject to this Section, this Agreement will remain in full force and effect while you use the Website.  We may suspend or terminate your rights to use the Website (including your Account) at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement.  Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately.  
  2. Governing Law.  This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles.  
  3. Unenforceability.  If any provision of this Agreement should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
  4. Authority.  The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
  5. Assignment.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Company without restriction.
  6. Electronic Communications.  The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing; including, without limitation, communication from certain affiliated professional entities or third parties of Primasun sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. The foregoing does not affect your non-waivable rights.  
  7. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
  8. Notices.  You may contact us by writing us at the address or email address listed below:

Primasun, LLC

269 E Grand Ave

South San Francisco, CA 94080

Attn:  Customer Service

Or

info@primasun.com

  1. Mapi Research Trust Terms and Conditions Pursuant to Primasun’s Clinical Outcome Assessment Licensing. 
  2. The User (as defined below) agrees to the terms listed below, when capitalized:

23.1 “COA” means the Clinical Outcome Assessment accessible through COMPANY’s modality/platform. 

23.2 “COMPANY” means the company which implemented the COA and provides access to the COA through its modality/platform.

23.4 “Copyright Holder” means the person or legal entity who owns the copyright on the COA.

23.5 “Services” means the access of the COA provided by COMPANY to the User under the agreement between COMPANY and the User and use of the results thereof. 

23.6“User” means individuals that use Primasun’s product/services. 

  1. Copyright/Use. The COA available through the COMPANY’s modality/platform is licensed by Mapi Research Trust, a not-for-profit organization registered at 27 rue de la Villette, 69003 Lyon, France, and is the property of the Copyright Holder. The User shall not use the COA except as permitted pursuant to these Licensing T&Cs.  The Copyright Holder owns all of the intellectual property rights in the COA and any derivative work from the COA including but not limited to existing and future translations, and in particular the rights to reproduce, perform, modify, amend, adapt and translate the COA. The User may not delete or alter the copyright notice(s) included on the COA.
  1. Grant of license. The User is granted a non-exclusive, non-concurrent, non-transferable, limited license to use the COA. The User shall not use the COA for any purpose other than for the Services. The User agrees not to reproduce, retransmit, modify, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the COA to anyone else without the express prior written consent of Mapi Research Trust. 
  1. Warranties. THE USER UNDERSTANDS AND AGREES THAT THE COA IS PROVIDED “AS IS”. MAPI RESEARCH TRUST DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE COA. MAPI RESEARCH TRUST AND THE COPYRIGHT HOLDER ACCEPT NO RESPONSIBILITY FOR ANY EXPENSES, LOSSES OR ACTIONS INCURRED OR UNDERTAKEN BY THE USER AS A RESULT OF ITS USE OF THE COA UNDER THESE LICENSING T&Cs.