Terms of Use

BeneMedical, LLC d/b/a Briye and AWVSolution.com Terms of Use, Effective Date of December 27, 2018

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.

This Terms of Use Agreement (these “Terms of Use”) describes the conditions and use of BeneMedical, LLC d/b/a Briye (“Briye”, “we” or “us”) websites (http://www.briye.com/) including the services and information available at https://www.awvsolution.com/ (collectively the websites and services are referred to as the “Sites”).  Please read these Terms of Use carefully before you start to use the Sites.

Our Sites are available only to users who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are: (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

The Sites are intended for use by individuals in the United States.  If you are not in the United States, please do not use our Sites or provide us with any personal information.

By using the Sites you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.briye.com/privacy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Sites.

These Terms of Us and the rights, benefits and obligations contained herein are fully assignable by Briye and will be binding upon and inure to the benefit of our successors and assigns.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Sites and Account Security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Sites to users, including registered users.

When you are using the Sites, Briye may request certain information from you (“Your Information”). You can review background information and explanatory information about our Sites and services without providing us with any additional information. However, if you create an account or request additional information from us, you will need to provide us with certain other information. If you create an account, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. In addition, it is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to Your Information (information submitted to us by you that identifies you, such as your name, address, NPI, email address, phone number, fax number and other identifying information) consistent with this Terms of Use and our Privacy Policy. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at info@briye.com.

You are responsible for:

• Making all arrangements necessary for you to have access to the Sites;
• Ensuring information submitted by you is accurate and correct;
• If you are providing us with patient information, ensuring that you have obtained all required authorizations, and/or approvals from patients needed to provide services through the Sites;
• Ensuring the security of the computers and systems you are using to access the Sites; and
• Ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Sites, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Briye its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Briye and its associated logos are our trademarks and/or service marks.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Certain materials available on or through the Sites are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license).  Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Sites.  We hereby grant you a limited non-assignable license to access and make business use of the Sites provided that such use is for the purposes of the Sites described above.

The above described license is conditioned on your compliance with these Terms of Use, and shall terminate upon termination of these Terms of Use.  If you breach any provision of these Terms of Use, any license you have obtained will be automatically rescinded and terminated.

If You believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting the Sites’ copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address.
3. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
5. A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this Site is the contact indicated at the end of these Terms of Use.

If notified of an allegation that the Site contains infringing information, materials or other content, Briye may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Site and from any other media or server where the infringing content may be stored or displayed by Briye. Notices to Briye regarding any alleged copyright infringement should be sent to info@briye.com.

Prohibited Uses

You may use the Sites for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• To impersonate or attempt to impersonate Briye, a Briye employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone’s use of the Sites, or which, as determined by us, may harm Briye or users of the Sites or expose them to liability.

Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
• Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
• Use any manual process to monitor or copy any of the material on the Sites for any unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Sites;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of the

External Links

Internet websites and mobile applications that are not owned, operated or controlled by Briye may link to or from our Sites. Such other websites and applications contain information created, published, maintained, or otherwise posted by third-parties not related to and otherwise independent of Briye and over which we have no control. Briye does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. We provide the links only as a convenience. Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those other websites’ and applications’ respective terms of use and privacy policies. Once you leave the Sites, our Terms of Use and Privacy Policy no longer govern, and therefore, you should review the terms and policies of the other websites and applications. You acknowledge and agree that Briye shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications.  Moreover, any information that you provide to third-parties accessed through a link on our Sites are subject to the privacy policies of that third party, and not us.

Geographic Restrictions:  

The owner of the Sites is based in the state of Mississippi in the United States. We provide this Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties:

You understand that we cannot and do not guarantee or warrant that the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

YOUR USE OF THE Sites, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE Sites, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Sites ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Sites.  WITHOUT LIMITING THE FOREGOING, NEITHER BRIYE NOR ANYONE ASSOCIATED WITH THE BRIYE REPRESENTS OR WARRANTS THAT THE Sites, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Sites WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Sites OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Sites WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BRIYE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability: 

IN NO EVENT WILL BRIYE ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Sites, ANY CONTENT ON THE Sites OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution

If we end up in a legal dispute, it will take place in Mississippi applying Mississippi law. You understand that you must file a claim against us within one year after the issue arose.

Indemnification:

You agree to defend, indemnify and hold harmless Briye, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.

Governing Law and Jurisdiction: 

All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction).

If we end up in a legal dispute, it will take place in Mississippi applying Mississippi law. You understand that you must file a claim against us within one year after the issue arose.

If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Mississippi, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Waiver and Severability: 

No waiver of by Briye of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Briye to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns:

This Sites is operated by Briye. All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to info@briye.com

Thank you for using the Sites.