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Terms of Service

Effective Date: January 1, 2024

Introduction

Welcome to Boston Cognitive, a doing business as (DBA) name of BellCurveAndMe, LLC, a company incorporated in Florida (“we,” “our,” “us”). By accessing or using our website, www.bostoncognitive.com, or any of the services we provide (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree with them, you must refrain from using our Services.

Definitions

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
  • "BellCurveAndMe, LLC" refers to the Florida limited liability company operating under the trade name "Boston Cognitive".
  • "Services" refers to all products, services, content, features, technologies, or functions offered by BellCurveAndMe, LLC through the Boston Cognitive website or related platforms.
  • "User," "you," or "your" refers to any individual or entity using our Services.

Acceptance of Terms

By using our Services, you agree to be bound by these Terms and any additional terms that may apply to specific services or sections of our website. If you do not agree to these Terms, you are not authorized to use our Services.

Eligibility

You must be at least 18 years old or have the legal capacity to enter into a binding agreement to use our Services. Users between 13 and 18 may use the Services with parental or guardian consent and supervision. By using our Services, you confirm that you meet this eligibility requirement.

Services Provided

BellCurveAndMe, LLC, operating under the trade name Boston Cognitive, provides services focused on cognitive health, including but not limited to:

  • Online cognitive assessments
  • Virtual consultations with licensed healthcare professionals
  • Educational resources on cognitive health
  • Personalized cognitive health plans
Our Services are intended for informational and educational purposes only. They do not substitute professional medical advice, diagnosis, or treatment unless explicitly stated and performed by a licensed healthcare provider through our platform.

IMPORTANT

If you are experiencing a medical emergency, please call your local emergency services immediately. Our Services are not intended for emergency situations.
Use of our Services does not establish a doctor-patient relationship unless explicitly indicated during a consultation with a licensed healthcare provider through our platform. Always consult with a qualified healthcare provider for medical advice or concerns about your health.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability.

User Accounts

You may need to create an account to use some of our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

User Responsibilities

Providing Accurate Information

You agree to provide accurate, complete, and up-to-date information when using our Services. Failing to provide accurate information may result in the suspension or termination of your access to our Services.

Prohibited Activities

When using our website or Services, you agree not to:

  • Provide false, misleading, or fraudulent information.
  • Engage in illegal, harmful, or abusive activities.
  • Attempt to interfere with or disrupt the functionality of our website or Services.
  • Access or use another user’s account without permission.
  • Reverse-engineer, modify, or tamper with our software, systems, or Services.

Privacy and Data Security

Your use of our Services is subject to our Privacy Policy. The Privacy Policy explains how we collect, use, and protect your personal data, including any Protected Health Information (PHI), in compliance with HIPAA. By using our Services, you agree to the practices described in the Privacy Policy.
You acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Payment and Billing

Certain Services may require payment. By making a purchase or subscribing to any of our paid Services, you agree to pay the applicable fees as outlined during the transaction.

Payment Methods

We accept various payment methods, including credit cards and other methods displayed at the time of purchase.

Refunds

Refunds, if applicable, are subject to our refund policy, which is communicated at the time of purchase.

Late Payments

If you fail to make a timely payment, we reserve the right to suspend or terminate your access to the paid Services until payment is received.

Intellectual Property

Ownership of Content

All content on our website, including but not limited to text, graphics, logos, images, and software, is owned by BellCurveAndMe, LLC (operating as Boston Cognitive) or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services based on your role and intended purpose:

  • Healthcare Providers and Payors: Your use is considered commercial and subject to the terms of any applicable subscription or service agreement.
  • Patients and Researchers: You may access and use our services solely for personal, non-commercial, or academic purposes.

You are prohibited from copying, modifying, distributing, selling, sublicensing, or creating derivative works from any content available through our services without prior written consent from BellCurveAndMe, LLC. Any unauthorized use may result in the termination of access and potential legal action.

User-Generated Content

By submitting any content or data through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing and improving our Services.

Termination

We reserve the right to terminate or suspend your access to our Services at our discretion, without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, your right to use the Services will immediately cease.
We will retain your data for a period of 30 days after termination, after which it will be permanently deleted, unless required by law to retain it longer.

Limitation of Liability

To the maximum extent permitted by law, BellCurveAndMe, LLC (operating as Boston Cognitive), its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from:

  • Your use or inability to use our website or Services.
  • Unauthorized access to or alteration of your transmissions or data.
  • Any errors or inaccuracies in the information provided on our website or through our Services.
  • Inaccuracies or errors in cognitive assessments or health information provided through our Services.
  • Decisions made based on information obtained through our Services.

 

Our total liability for any claims arising out of or related to these Terms or the use of our Services will not exceed the amount paid by you, if any, for accessing or using the Services during the 12 months immediately preceding the date of the claim.

Indemnification

You agree to indemnify, defend, and hold harmless BellCurveAndMe, LLC (operating as Boston Cognitive), its affiliates, employees, and agents from any and all claims, damages, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from your use of our Services, your violation of these Terms, or your infringement of any rights of a third party.

 

Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by BellCurveAndMe, LLC. We are not responsible for the content, privacy policies, or practices of these third-party websites or services. Your use of third-party websites or services is at your own risk.

Modifications to the Terms

We reserve the right to modify or update these Terms at any time. We will notify users of any material changes to these Terms via email or through a prominent notice on our website at least 30 days before the changes take effect. The updated Terms will be posted on our website, and your continued use of the Services following any changes constitutes your acceptance of the modified Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding related to these Terms or your use of our Services will be subject to the exclusive jurisdiction of the courts located in Florida, and you agree to submit to the personal jurisdiction of these courts.

Dispute Resolution

In the event of a dispute arising from or related to these Terms or your use of our Services, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute cannot be resolved informally, the parties agree to resolve the dispute through binding arbitration or mediation in Florida, unless otherwise prohibited by law. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemic, or government actions.

Entire Agreement

These Terms constitute the entire agreement between you and BellCurveAndMe, LLC regarding the use of the Services, superseding any prior agreements between you and BellCurveAndMe, LLC relating to your use of the Services.

Contact Information

If you have any questions about these Terms, please contact us using the form below.

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Footnotes

1 University of Michigan’s Natonal Poll on Healthy Aging (NPHA), 2023.

2 Alzheimer’s Dement. 2021;17:1231–1243.

3 Based upon current National Correct Coding Initiative (NCCI) edits. Please check with your local payor policy.

4 National Average Payment Amount

5  https://health.gov/healthypeople/objectives-and-data/browse-objectives/dementias/reduce-proportion-preventable-hospitalizations-older-adults-dementia-dia-02

6 Journal of Palliative Medicine Volume 21, Number 4, 2018

7  https://www.cms.gov/files/document/2024-announcement-pdf.pdf