Collective Health Corporate Website Terms of Service

Last Revised January 23, 2025

Welcome to Collective Health

These Terms of Service (as amended from time to time, the “Terms”) are entered into by and between you and CollectiveHealth, Inc., a Delaware corporation and its subsidiaries and affiliates (together, “Collective Health”).

Collective Health provides health plan benefit administration services including related websites, and digital services. These are referred to in the Terms as the “Services”. Please read these Terms and our Collective Health Corporate Website Privacy Policy carefully, as unless otherwise stated they apply to and govern your use of the Services, including: Collective Health’s corporate website.

PLEASE REVIEW SECTION 11 OF THESE TERMS CAREFULLY. WITH LIMITED EXCEPTIONS, IT REQUIRES USER (AS DEFINED BELOW) TO SUBMIT CLAIMS AGAINST COLLECTIVE HEALTH TO BINDING AND FINAL ARBITRATION AND WAIVES USER’S RIGHTS TO BRING A CLASS ACTION AGAINST COLLECTIVE HEALTH.

1. Applicability of These Terms

These Terms apply to all persons who use or access the Services, and authorized users representing a company, its employees, or other persons in using or accessing the Services (collectively, “Users” and each, a “User”). If User agrees to these Terms on behalf of a business, corporate health plan, or another individual, the term “User,” also refers to the business, health plan, and individual so represented. User represents and warrants to Collective Health that User has the authority to bind that business or other individual to these Terms, including without limitation, Section 11, and that User’s agreement to these Terms also constitutes agreement to the Terms by such represented business or individual. By clicking to accept these Terms or by accessing or using the Services, User is bound by these Terms, effective on the first date of such action.

Unless otherwise stated in these Terms, they do not apply to third party sites or applications to which Collective Health provides access through the Services. Such sites and applications set their terms of use, privacy policies, and other policies independent of us. We encourage Users to review the terms and policies of these sites and applications before accessing, enrolling in, or using them.

Individuals under 13 years of age are not authorized to use the Services. Collective Health does not agree to offer our Services to individuals under the age of 13.

2. Collective Health Services

Collective Health’s mission is to make it effortless to understand, navigate, and pay for healthcare. The Services provide information to, and collect information from, Collective Health, Users and their representatives, and others who are considering using, or are using, the Services. Our Services also process and analyze information Users provide to us via the Services. Our use of such information is governed by our privacy policies (linked to elsewhere in these Terms) and by applicable laws.

3. Access and Use of the Services

Electronic Communications: By submitting a form through our Services, sending Collective Health an email, replying to a communication from Collective Health, or consenting to these Terms, User gives Collective Health permission to send User information about Collective Health’s services. Any User information uploaded to the Services will be governed by our applicable privacy policy.

Modifications to Service: Collective Health reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) or any User with or without notice. User agrees that Collective Health, and its officers, directors, employees, consultants, subsidiaries, affiliates, assigns, and agents, (“Representatives”) will not be liable to User or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof, whether temporary or permanent, or for any loss of functionality, information, or access to information resulting therefrom.

General Practices Regarding Use and Storage: User acknowledges that Collective Health may establish practices and limits concerning use of the Services, including (without limitation) the maximum time that data or other content will be retained by the Services, and the maximum storage space allotted by or for Collective Health on User’s behalf. User agrees that Collective Health, and its Representatives have no responsibility or liability for lawful deletion or for failure to store any data or other content maintained by Collective Health or uploaded by User to the Service or by the Service itself, except to the extent required by applicable laws. User further acknowledges and agrees that Collective Health can change these practices and limits at any time, in its sole discretion, with or without notice.

4. Conditions of Use

Prohibited Conduct: Collective Health reserves the right to investigate and take appropriate action, including legal action, against anyone who, in Collective Health’s sole discretion, violates these Terms. Collective Health may also, without limitation, remove offending User content from the Services, suspend or terminate the accounts of violators, and report Users to law enforcement authorities. User agrees to not use the Services to:

a) email, communicate, or otherwise upload any User content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses, or any other computer code, files or programs designed to or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Collective Health, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Collective Health or its users to harm or liability of any type;

b) interfere with or disrupt the Services or any Collective Health personnel performing the Services, or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including by (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;

c) violate any applicable local, state, national or international law, rule, or regulations, or cause Collective Health to violate any law, rule, or regulation;

d) perform any fraudulent activity, including impersonating any person or entity, or falsely state or otherwise misrepresent User’s or any individual’s affiliation with a person or entity; or

e) access or attempt to access any materials or information through means not intentionally made available or provided through the Services.

f) interfere with the operation of the Services or any User’s enjoyment of the Services, including by (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another User or third party without consent;

g) sell, license, or otherwise share or transfer the access granted under these Terms, which access is non-transferrable, or copy, reproduce, distribute, perform, display, sell, offer for sale, license, or otherwise convey any materials or information available on or through the Services to which the User has no such legal rights, or to convey to any third party other than the entity for whom User executed these terms and conditions any right or ability to view or access any materials or information available on or through the Services; or 

h) attempt to do any illegal acts or acts proscribed in these Terms or to assist or permit any person in engaging in any such acts.

Special Notice for International Use; Export Controls: Our websites, portals, mobile apps and digital platforms operate in the United States (U.S.) and are not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S. Software (as defined below in section 5) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at User’s sole risk. User agrees to comply with all local rules and laws regarding User’s use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized by these Terms, User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, offer for sale, resell, exploit, transfer or upload for any commercial purposes, all or any portion of the Services (excluding content that the User owns), use of the Service, or access to the Service (including User’s password).

5. Intellectual Property Rights

Service Content, Software and Trademarks: User acknowledges and agrees that the Services may contain content or features (“Services Content”) protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Collective Health in writing, User agrees not to modify, copy, rent, lease, loan, make, sell, offer for sale, distribute, publicly perform, publicly display, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing prohibition in this Section does not apply to User’s own content that User legally uploads to the Services. User also agrees not to frame or scrape the Services or Services Content. In connection with use of the Services, User will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If User is blocked by Collective Health from accessing the Services (including by blocking User’s IP address), User agrees not to implement any measures to circumvent such blocking (e.g., by masking User’s IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized by these Terms is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Collective Health, our affiliates and our partners (the “Software”). User agrees not to copy, distribute, publicly perform, publicly display, make, sell, offer for sale, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the Software or any source code therein, or to sell, assign, sublicense, or otherwise attempt to transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by Collective Health, and any action by User in violation thereof is null and void.

The Services include the Collective Health name, logos, and other trademarks and service marks of Collective Health (collectively the “Collective Health Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse, be affiliated with, or connected to Collective Health. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Collective Health Trademarks or third-party Trademarks, without Collective Health’s, or such third party’s, as applicable, prior written permission in each instance. All goodwill generated from the use of Collective Health Trademarks will inure to Collective Health’s exclusive benefit.

Third Party Material: The Services may include or incorporate third party content or material. Under no circumstances, to the fullest extent permitted by law, will Collective Health, and its Representatives be liable in any way for any content or materials of any third parties (including health or wellness providers or employers), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third party content on or through the Services. User agrees that User must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User acknowledges that Collective Health does not have an obligation to pre-screen third party content or User Content, but that Collective Health and its designees will have the right (but not the obligation) in their sole discretion to monitor any and all information transmitted or received through the Services for operational and other purposes and to refuse or remove any content that is available via the Services. If at any time Collective Health chooses to monitor the content, Collective Health, and its Representatives still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. Without limiting the foregoing, Collective Health and its designees will have the right to remove or block any content that violates these Terms or is deemed by Collective Health, in its sole discretion, to be otherwise objectionable.

User Information Transmitted Through the Services: Any User information uploaded to the Services will be governed by our applicable privacy policy. 

Except as otherwise provided in our Privacy Policies and except as otherwise covered under these Terms, User acknowledges and agrees that any comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by User to Collective Health are non-confidential and Collective Health is entitled to the unrestricted use and dissemination of these Submissions, and any and all derivative works thereof, for any purpose, commercial or otherwise, without acknowledgment, accounting to, or compensation to User. If User chooses to provide Submissions, User grants Collective Health an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Submissions and derivative works thereof in any manner and for any purpose, including to improve the Services and to create other products and services that Collective Health sells or offers for sale.

User acknowledges and agrees that Collective Health may preserve User content and information and may also disclose User content and information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Collective Health, its users and the public. User understands that the technical processing and transmission of the Services, including User’s content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Collective Health respects the intellectual property of others, and we ask our users to do the same. If User believes that User’s work has been copied in a way that constitutes copyright infringement, or that User’s intellectual property rights have been otherwise violated, User should notify Collective Health of User’s infringement claim in accordance with the procedure set forth below.

A notification of claimed copyright infringement should be emailed to Collective Health at legal@collectivehealth.com (Subject line: “DMCA Takedown Request”). User may also contact us by mail at: ATTN: Copyright Agent/Legal Collective Health, Inc. 45 Fremont Street, 12th Floor, San Francisco, CA 94105. To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that User claims has been infringed; a description of where the material that User claims is infringing is located on the Service, with enough detail that we may find it on the Services; User’s address, telephone number, and email address; a statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by User, made under penalty of perjury, that the above information in User’s Notice is accurate and that User is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

6. Third Party Websites

The Service may provide, or third parties may provide, informational links or other access to other sites and resources on the Internet. Collective Health has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. Any dealings User has with third parties found while using the Service are between User and the third party, and User agrees that Collective Health, and its Representatives are not liable for any loss or claim that User may have against any such third party.

7. Indemnity and Release

To the fullest extent permitted by law, User is responsible for User’s use of the Services. User releases, and agrees to indemnify and hold Collective Health and Representatives harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) User’s unauthorized use or misuse of the Services; (b) User’s connection to the Services; (c) User’s violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (d) User’s violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between User and any third party. IF USER IS A CALIFORNIA RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If User is a resident of another jurisdiction, User waives any comparable statute or doctrine. Collective Health reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User (without limiting User’s indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with our defense of those claims.

8. Disclaimer of Warranties

USER’S USE OF THE SERVICES IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLECTIVE HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, SOFTWARE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. USER FURTHER ACKNOWLEDGES AND AGREES THAT COLLECTIVE HEALTH, AND ITS REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, EVENTS, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. 

COLLECTIVE HEALTH MAKES NO WARRANTY THAT THE SERVICES OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES (I) WILL MEET USER’S REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER’S EXPECTATIONS, AND COLLECTIVE HEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

WITHOUT LIMITING ANYTHING IN THESE TERMS, ANY GENERAL ADVICE OR INFORMATION THAT MAY BE POSTED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE ANY MEDICAL OR OTHER PROFESSIONAL ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE SERVICES OR COLLECTIVE HEALTH OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND USER’S DEALING WITH ANY OTHER SERVICE END USER. USER UNDERSTANDS AND AGREES THAT USER USES ANY PORTION OF THE SERVICE AT ITS OWN DISCRETION AND RISK, AND THAT COLLECTIVE HEALTH IS NOT RESPONSIBLE FOR ANY DAMAGE TO USER’S PROPERTY (INCLUDING USER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

COLLECTIVE HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON IN CONNECTION WITH ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES. IF USER HAS SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH USER REQUIRES MEDICAL ADVICE, USER SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED MEDICAL SERVICES PROVIDER. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF USER EXPERIENCES A MEDICAL EMERGENCY, IMMEDIATELY CALL 911.

COLLECTIVE HEALTH DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROVIDER INFORMATION AND COST ESTIMATIONS IN COST ESTIMATOR AND GET CARE TOOLS, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NOTHING STATED, POSTED, OR IMPLIED ON THE SERVICES IS INTENDED TO BE AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, SOCIAL WORK, OR OTHER PROFESSIONAL HEALTHCARE ADVISE OR THE PROVISION OF MEDICAL CARE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COLLECTIVE HEALTH DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COLLECTIVE HEALTH IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

9. Limitation of Liability

COLLECTIVE HEALTH DOES NOT LIMIT OUR LIABILITY TO USERS WHERE IT WOULD BE ILLEGAL TO DO SO–THIS INCLUDES ANY LIABILITY FOR COLLECTIVE HEALTH’S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER IF USER RESIDES IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN STATES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, COLLECTIVE HEALTH AND ITS REPRESENTATIVES, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR USER’S USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), THE MAXIMUM LIABILITY OF COLLECTIVE HEALTH AND ITS REPRESENTATIVES TO USER FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, COLLECTIVE HEALTH IS RESPONSIBLE TO USER ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH USER.

10. Governing Law

The Terms will be interpreted and construed in accordance with the laws of the State of California without giving application to its conflict of laws principles.

11. Resolving Disputes

Pre-suit Procedure. At Collective Health, we do our best to solve problems before they escalate. Before filing a claim against Collective Health, User agrees to try and resolve the dispute by contacting legal@colllectivehealth.com. If a dispute is not resolved within 15 days of such a written submission, User or Collective Health may bring a formal proceeding.

With respect to any disputes or claims not subject to arbitration, as set forth below, User and Collective Health agree to submit to the personal and exclusive jurisdiction of the state courts located within San Francisco County, California and federal courts located within San Francisco, California.

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT PROVISIONS CAREFULLY.

Arbitration Agreement. These arbitration provisions are referred to in these Terms as the “Arbitration Agreement.” User and Collective Health agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Arbitration Agreement below. This includes disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including its enforceability, revocability, or validity.

Arbitration Procedures. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where User lives or works, San Francisco CA, or any other location Collective Health agrees to.

Cost of Arbitration. The AAA rules will govern payment of all arbitration fees, unless otherwise provided in this Arbitration Agreement. Collective Health may seek its attorneys’ fees and costs in arbitration.

Exceptions to Arbitration Agreement. User or Collective Health may assert claims, if they qualify, in small claims court in San Francisco CA or any United States county where User lives or works. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the pre-suit procedure described above. If User previously opted out of arbitration, we will continue to honor that choice.

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. USER AND COLLECTIVE HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH USER AND COLLECTIVE HEALTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

12. Termination

If User violates any provision of these Terms, User’s authorization to access the Services and these Terms automatically terminate. In addition, User agrees that Collective Health, in its sole discretion and subject to applicable law, may remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Collective Health believes that User has violated or acted inconsistently with the letter or spirit of these Terms, with or without notice. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of User’s use of Service, may be referred to appropriate law enforcement authorities. Collective Health may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. User agrees that any termination of User’s access to the Service under any provision of these Terms may be effected without prior notice, and acknowledges and agree that Collective Health may immediately bar any further access to such files or the Service. Further, User agrees that Collective Health will not be liable to User or any third party for any termination of User’s access to the Service.

User may unsubscribe from emails at any time by unsubscribing on any email or contacting Collective Health by phoning 844-803-0210 (M-F 4am to 6pm PST and Saturday 7am to 11am PST). Upon termination, all obligations accrued prior to termination and Sections 4, 5, 7, 8, 9,  10, 11, 12, and 14, as applicable, will survive.

13. Changes to Terms

Collective Health may modify these Terms at any time, in Collective Health’s sole discretion. If an update to these Terms affects User’s use of the Services or User’s legal rights as a User, Collective Health will notify User by posting the modified Terms on the applicable website or Service. User should review the Terms whenever Collective Health modifies them because if User continues to use the Services after Collective Health has notified User of the modification by posting the modified Terms, User is indicating that User agrees to be bound by the modified Terms. If User does not agree to be bound by the modified Terms, then User should not continue to use the Services and may unsubscribe to any communications from Collective Health.

14. General

These Terms and the applicable Collective Health privacy policy constitute the entire agreement between User and Collective Health and govern User’s use of the Services, superseding any prior agreements between User and Collective Health with respect to the Services. The failure of Collective Health to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default of such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Collective Health. Any attempt to assign or transfer the Terms, without such consent, will be null and void. Collective Health may assign or transfer these Terms, in whole or in part, without restriction and without notice or consent. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word “including” means “including but not limited to”. Any notices or other communications provided by Collective Health in relation to these Terms, including those regarding modifications to these Terms, will be given: by posting to the applicable website or Service. Such posting will include the date and receipt will be deemed the date that notice is posted on the Service.

15. User’s Privacy

The Collective Health Corporate Website Privacy Policy is expressly incorporated into these Terms.

16. Notice for California Users

Under California Civil Code Section 1789.3, Users from California are entitled to the following specific consumer rights notice: You may contact us to resolve a complaint regarding the service or to receive further information regarding use of the service at Collective Health, Inc., 45 Fremont Street, 12th Floor, San Francisco, CA 94105, by phoning 844-803-0210 (M-F 4am to 6pm PST, and Saturday 7am to 11am PST). If you choose, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210. Information about the Department’s consumer complaint process can be found on its website.

17. Contact Us

Please contact us at legal@collectivehealth.com to report any violations of these Terms or to pose any questions regarding these Terms.