THE FINE PRINT
Terms of Use
Effective December 31, 2025
These Terms of Use (the “Terms”) states the terms and conditions under which you may access and use the website located at www.thebarefacts.com (the “Site”) as well as content (including third party content) that may be made available via the Site (the “Content) and any services that may be provided by The Bare Facts LLC (“The Bare Facts”, “Us” or “We”), including personal healthcare services, wellness services, communication services, facilitation of access to telehealth services, and other technology or personal services provided by The Bare Facts (the “Services). By accessing and/or otherwise using this Site and its Content or any Services, you acknowledge that you have read, understood and agree to be legally bound by the Terms.
Please read these Terms carefully before using the Site, Content, or Services. By accessing or using the Site, Content, or Services you agree to be bound by these Terms.
Please refer to Our Privacy Statement and Our HIPAA Privacy Statement to learn how we use, share and protect your personal information and your protected health information.
YOU AGREE THAT DISPUTES BETWEEN YOU AND THE BARE FACTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED BELOW.
THE BARE FACTS PROVIDES HEALTH EDUCATION AND INFORMATION TO INDIVIDUALS LOCATED IN MASSACHUSETTS. THE SITE, CONTENT AND SERVICES ARE INTENDED FOR USE ONLY WITHIN THE COMMONWEALTH OF MASSACHUSETTS. WE MAKE NO REPRESENTATION THAT THE SITE, CONTENT, OR SERVICES ARE APPROPRIATE, OR ARE AVAILABLE FOR USE OUTSIDE OF MASSACHUSETTS. THOSE WHO CHOOSE TO ACCESS AND USE OUR SITE OR CONTENT FROM OUTSIDE OF THE COMMONWEALTH OF MASSACHUSETTS DO SO ON THEIR OWN INITIATIVE, AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. THE BARE FACTS DOES NOT AGREE, EXPLICITLY OR IMPLICITLY, TO PROVIDE YOU WITH HEALTHCARE OR RELATED SERVICES OR INFORMATION IN A JURISDICTION OUTSIDE OF THE PRACTICE JURISDICTION IN WHICH THE BARE FACTS IS EMPOWERED TO PROVIDE SERVICES.
You may use the Site, Content, and Services only for your own personal, non-commercial use. Your right to use the Site, Content and Services is limited, non-exclusive, non-transferable and non-sublicensable. You must only access and use the Site, Content, and Services in accordance with all applicable laws. You acknowledge that you do not receive any ownership right in or to the Site, Content, or Services.
To access certain features of the Services you will have to create an account via our Site. You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
To register for an account, you must be 18 or over and old enough to form a binding contract in the jurisdiction in which you reside. If you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Site and Services only with the approval of your parent or guardian, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Site, Content, and Services.
WE RESERVE THE RIGHT TO REFUSE USE OF THE SERVICES TO ANYONE AND TO REJECT, CANCEL, INTERRUPT, REMOVE OR SUSPEND ANY USER OR THE SERVICES AT ANY TIME FOR ANY REASON WITHOUT LIABILITY. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.
The following is a list of the type of actions that you may not engage in with respect to the Site, Content, or Services:
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You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Site, Content, or Services;
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You will not interfere, access, tamper with or disrupt the Site, Content, Services or the servers or networks connected to the Site or Services;
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You will not attempt to probe, scan or test the vulnerability of the Site or Services or any of our systems or network or breach any security or authentication measures;
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You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
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You will not use the Site, Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
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You will not post, distribute, or reproduce in any way any Content without Our express written permission separate from these Terms;
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You will not use, display, “frame” or “mirror” any part of the Site, Content, or Services, our names, any of Our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from Us;
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You will not provide any inaccurate, incomplete, false or misleading information, including without limitation, regarding your identity, geographic location, or age, when accessing or using the Site, Services or Content;
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You will not allow any other person to use your account, username or password to access the Content or Services, unless otherwise expressly permitted herein; and
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You will not assist or permit any person to engage in any of the activities described in this Section.
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By using the Services, you agree to pay all fees and charges incurred. No refunds for any fees will be granted, unless required by applicable law. All fees are in U.S. dollars and are subject to change. All payments shall be made via credit card, or via the third party payment applications Venmo or Zelle. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party.
Credit card payment processing services are provided by third party payment providers. The terms of service and privacy policies of the applicable third party payment providers (“Payment Processor Terms”) apply to the credit card payment processing, and not these terms. By using the Services, you agree to be bound by the applicable Payment Processor Terms, as the same may be modified by the applicable third party payment processor from time to time. As a condition to our enabling credit card payment processing services through these third parties, you agree to provide us accurate and complete information about you, and you authorize us to share any such information with the third party payment processors, as well as transaction information related to your use of the payment processing services provided by third party payment processors. In all cases, standard credit card or other third party processing fees apply in addition to the Services fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
You may terminate your use of the Site, Content, and Services at any time by stopping use of the Site, Content, or Services. We may terminate your use of the Site, Content, or Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Site.
If we terminate your use of the Site, Content, or Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refunds of services provided. We are not required to provide you with notice prior to terminating your use of the Site, Content, or Services or a reason for such termination.
The Bare Facts and its licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Site, Content, and Services. No rights are granted to you other than the limited right to use as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by The Bare Facts.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE CONTENT, SITE OR SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SITE OR PROVIDED AS PART OF THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SITE, SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SITE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD (IF ANY) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice made available as Content posted on the Site is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided as Content within or through the Site. If you have specific concerns or a situation arises in which you require medical advice, you agree to follow up and consult with an appropriately trained and qualified medical services provider who has knowledge of your specific situation.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF CONTENT AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account (if applicable).
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
You agree that We may communicate with you electronically by secure or insecure emails, text messages, push notifications, posting notices to the Site, or by any other electronic means. These communications may include important legal or privacy notices, appointment reminders or other administrative information, and/or your confidential personal information including, but not limited to, your login or account information, protected health information, insurance and payment information, and communications from your health care providers.
You agree that it is your responsibility to provide us with private email addresses and phone numbers which are connected to accounts and devices that are secured and accessible only by you. We are not responsible if your family member, friend, company, or another person accesses your email account or device and views communications to or from us. You agree to notify us immediately if your email address or phone number changes. If you do not keep your contact information up-to-date, We are not responsible if We send communications to the wrong email address or phone number. Even if you take appropriate precautions to secure your accounts and devices, you acknowledge that we cannot guarantee the security of information transmitted electronically over the internet. You acknowledge that there is a risk that a third party could intercept or view electronic communications, including any confidential information or protected health information contained in them. You further acknowledge that insecure emails, text messages, and push notifications carry a higher risk of interception because they are not encrypted. You fully accept these risks and authorize Us to communicate with you via all electronic means despite these risks.
You may opt out of a limited number of electronic communications through your account settings or by following the unsubscribe instructions in any communication you receive from Us. If you withdraw your consent to receive communications electronically, certain Content and Services may become unavailable to you. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and accepted by, you.
The Site and Content may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and services practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material or Content available on our Site or in the Services infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel. Please deliver the notification to info@thebarefacts.com.
If you send us you send ideas, comments, suggestions, proposals, plans, or other materials related to the Site, Services or Content, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction use, sell, disclose, and otherwise fully exploit in any medium any Feedback that you provide to us for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. Feedback is not confidential. We are and shall be under no obligation to respond to any Feedback.
The Bare Facts shall not have any liability for any failure to perform obligations under these Terms if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of The Bare Facts or such other party.
The failure of The Bare Facts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
If you have any questions, requests or concerns about this Terms of Use, you may contact us at info@thebarefacts.com.
We reserve the right to revise this Terms of Use at any time. When We do, We will post the changes on the Site. If We change the Terms of Use in a material way, We will provide appropriate notice to you by posting a notice on the Site that the terms have been modified. Your continued use of the Site after any changes or revisions to this Terms of Use shall indicate your agreement with the terms of such revised Terms of Use.
If you need to access this Terms of Use in an alternative format due to having a disability, please contact us for assistance.
The Bare Facts provides educational content for informational purposes only and does not provide or replace medical or professional advice, crisis support, diagnosis, or treatment. If you believe your child is in danger or may endanger others, contact your healthcare provider, call 911 or take your child to the nearest emergency room. Do not delay seeking medical or professional advice because of information provided on this site. Please review the Terms of Use to learn more.
