Collective Health’s Terms of Service
Last Revised November 26, 2018
Welcome to Collective Health
PLEASE REVIEW SECTION 12 OF THESE TERMS CAREFULLY, AS IT WILL, WITH LIMITED EXCEPTION, REQUIRE 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, in their company’s capacity or in an individual capacity, including authorized users representing the company, its employees, or other persons using or accessing the Services (collectively, “Users” and each, a “User”). If User is agreeing to these terms on behalf of a business or an individual, User represents and warrants that User has the authority to bind that business or other individual to these Terms, including without limitation, Section 12, and User’s agreement to these terms constitutes the agreement of the User and of such business or individual. The term “User,” as employed in this agreement, also refers to that business or individual. By clicking the applicable button to indicate User’s acceptance of these Terms or by accessing or using the Services, User is bound by these Terms, effective on the date of such action.
These Terms do not apply to third party sites or applications to which we provide access through our Services. These sites or applications set their terms and privacy policies independent of us. We encourage you to review the terms and privacy policies of these sites and applications before you access, enroll in, or use them.
Although we administer employer healthcare programs for employers and their dependents, individuals under 13 years of age are not authorized to use the Corporate Website or Digital Platform, with or without a registration. Collective Health does not agree to offer the Corporate Website or Digital Platform to individuals under the age of 13.
2. Collective Health Services
3. Access and Use of the Services
Registration Security: User is responsible for maintaining the confidentiality and security of User’s password and Account and is fully responsible for any and all activities that occur under User’s password or Account. Collective Health strongly recommends that User employ passwords for the Service that are 1) unique to their use of the Service and which they do not employ on other websites now or in the future, and 2) complex and not easily guessed from a dictionary search or from a search of the User’s internet profiles. User agrees to (a) immediately notify Collective Health of any suspected unauthorized use of User’s password or Account, and (b) exit User’s Account at the end of each session when accessing the Services. Collective Health, its directors, officers, employees, affiliates, and assigns will not be liable for any loss or damage resulting from or arising out of User’s intentional or inadvertent disclosure of User’s Account information to a third party. With the exception of the Services, User is responsible for obtaining, installing, maintaining, and operating all software, hardware or other equipment (collectively, “Systems”) necessary for User to access and use the Services at User’s expense, as well as for the cost and availability of User’s Internet services and any wireless services User requires to access the Services (the “Connections”). The responsibility to maintain and operate software, hardware, or other equipment includes, without limitation, utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. Collective Health does not covenant, represent, or warrant that the Services or any portion thereof will always always be available or that they are or will remain available on any specific hardware, software, or operating system configuration.
Electronic Communications: By submitting a form through our Services, sending Collective Health an email, replying to an email from Collective Health, or consenting to these Terms, User gives Collective Health permission to email User information about User’s healthcare and health coverage, including, but not limited to, information about User’s healthcare, plan or claims, benefit statements, changes to User’s plan, suggestions to improve User’s healthcare experience, information about User’s spending accounts, and any related information. User agrees to keep User’s email address used for such communications up-to-date. User may change User’s communication preferences at any time on my.collectivehealth.com/settings or by emailing us at email@example.com. By consenting to these Terms, User confirms that User can access electronic information and communications on the Digital Platform or via email and consents to receiving electronic information and communications.
Modifications to Service: Collective Health reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Collective Health, its directors, officers, employees, affiliates, and assigns 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 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 that will be allotted by or for Collective Health on User’s behalf. User agrees that Collective Health, its directors, officers, employees, affiliates, and assigns have no responsibility or liability for the deletion or 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. Collective Health may terminate accounts that Collective Health deems to be inactive. User further acknowledges that Collective Health reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice.
Provider Finder Tool: Our informational “Get Care” tool helps Users find healthcare providers. The information in the tool about each provider is provided by network partners and is updated regularly; however, before receiving services, User should independently confirm whether providers are in network. THE GET CARE TOOL IS PROVIDED AS IS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. COLLECTIVE HEALTH DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROVIDER INFORMATION ON THE GET CARE TOOL, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Health Funds Services: Our Services include the ability to access and utilize User’s health funds accounts via a third party or Collective Health’s Digital Platform. Depending on how User accesses the health funds services, User may be subject to a third party’s terms of service or these Terms will be applicable to such health funds services.
4. Conditions of Use
Prohibited Conduct: User is solely responsible for all images, information, data, text, sound, photographs, graphics, messages, video, or other materials (“User Content”) that User uploads, posts, publishes, or displays (hereinafter, “Upload”) or communicates or otherwise expresses or uses via the Services. This Section establishes Conditions of Use that the user may not violate in connection with User Content or Uploads. 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 Conditions of Use. Collective Health may also, without limitation, remove the 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
- email or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) User does not have a right to upload; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) 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; (vi) 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 (vii) 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;
- interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, 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;
- violate any applicable local, state, national or international law, rule, or regulations, or cause Collective Health to violate any law, rule, or regulation;
- 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
- access or attempt to access any materials or information through means not intentionally made available or provided through the Service.
- 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 Service; (iii) collecting personal information about another User or third party without consent;
- 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 Service 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 Service; or
- attempt to do any illegal acts or acts proscribed in this Terms of Service or to assist or permit any person in engaging in any such acts.
Special Notice for International Use; Export Controls: Our Digital Platform operates in the United States (U.S.) and is not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S. Software (defined below) 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 in this agreement or in the Service, 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, any portion of the Services (excluding content that the User owns), use of the Service, or access to the Service.
5. Apple-Enabled Software Applications
Collective Health offers a mobile application intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. This Section 5 only applies to the extent User is using our mobile app on an iOS device. User acknowledges that these terms are between User and Collective Health only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, User may notify Apple and Apple will refund any applicable purchase price for the mobile app to User; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by User or any third party relating to the Services or User’s possession and/or use of the Services, including (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Services and/or User’s possession and use of the Services infringe a third party’s intellectual property rights. User agrees to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon User’s acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary of these Terms. User represents and warrants that: (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
6. 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, User agrees not to modify, copy, rent, lease, loan, sell, distribute 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 information that User legally uploads to the Digital Platform. 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 in this agreement 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, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in this agreement are reserved by Collective Health.
The Collective Health name and logos are 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 or 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 displayed on the Digital Platform or through the Services, without our, 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 Service may include or incorporate third party content or material. These third parties are not under Collective Health’s control. Under no circumstances, to the fullest extent permitted by law, will Collective Health, its directors, officers, employees, affiliates, and assigns 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, for 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 Service 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, its directors, officers, employees, affiliates, and assigns 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 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 firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). User may also contact us by mail at: ATTN: Copyright Agent/Legal Collective Health, Inc. 45 Fremont Street, Suite 1200, 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.
7. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Collective Health has no control over such sites and resources and Collective Health is not responsible for and does not endorse such sites and resources. User further acknowledges and agrees that Collective Health, its directors, officers, employees, affiliates, and assigns 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. 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, its directors, officers, employees, affiliates, and assigns are not liable for any loss or claim that User may have against any such third party.
8. Indemnity and Release
To the fullest extent permitted by law, User is responsible for User’s use of the Service. User releases and agrees to indemnify and hold Collective Health and its officers, directors, employees, consultants, subsidiaries, affiliates, assigns, and agents 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. We reserve 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.
9. Disclaimer of Warranties
USER’S USE OF THE SERVICE 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 SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, 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.
COLLECTIVE HEALTH MAKES NO WARRANTY THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE (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 SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER’S EXPECTATIONS, AND COLLECTIVE HEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED, AND COLLECTIVE HEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WITHOUT LIMITING ANYTHING IN THIS AGREEMENT, ANY GENERAL ADVICE OR INFORMATION THAT MAY BE POSTED ON THE DIGITAL PLATFORM OR 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 SERVICE OR COLLECTIVE HEALTH OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COLLECTIVE HEALTH OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE 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 WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO USER’S PROPERTY (INCLUDING USER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) 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 DIGITAL PLATFORM OR 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.
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.
10. 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 DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, 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 DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS 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 YOU.
11. Governing Law
The Terms will be interpreted and construed in accordance with the laws of the State of California except for its conflict of laws principles.
12. 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 email@example.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.
Opt-out of Arbitration Agreement. User can decline this Arbitration Agreement by providing Collective Health with written notice of User’s desire to do so by email or regular mail at firstname.lastname@example.org or Collective Health, ATTN: Legal, 45 Fremont Street, Suite 1200, San Francisco, CA 94105 within 30 days of first registering User’s account. However, if User declined arbitration in a previous version of these Terms, such User’s election to opt out of arbitration remains binding until the User notifies us by email or regular email that user agrees to this Arbitration Agreement. If User opts out of this Arbitration Agreement, it will only impact the applicability of this section 12, and will not modify other provisions of these Terms or any other agreements you may have entered into with Collective Health.
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 we agree to.
Cost of Arbitration. The AAA rules will govern payment of all arbitration fees, unless otherwise provided in this Arbitration Agreement. Collective Health will pay all arbitration fees for individual arbitration for claims less than $75,000. If User receives an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $5,000 in addition to the award. Collective Health will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that User’s claim is frivolous.
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.
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).
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 suspend or terminate User’s account (or any part thereof) or use of the Services and 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 deactivate or delete User’s account and all related information and files in User’s account and/or 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 terminate User’s account at any time by contacting Collective Health at email@example.com. Upon termination (a) User’s license rights will terminate and User must immediately cease all use of the Service; (b) User will no longer be authorized to access User’s account or the Service; and (c) all obligations accrued prior to termination and Sections 4, 6, 8, 9, 10, 11, 12, 13, and 15 will survive.
14. Changes to Terms
Collective Health may modify these Terms on a going-forward basis 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 let User know by posting the modified Terms on the Digital Platform or through other communications. It is important that User reviews the Terms whenever Collective Health modifies them because if User continues to use the Services after Collective Health has notified User of the modification and the modified Terms have been posted on the Digital Platform, 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 may not continue to use the Digital Platform.
These Terms 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 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. 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 (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent by Collective Health. For notices made by posting to the Site, the date of such posting will be deemed the date that notice is posted on the Site.
16. User’s Privacy
17. Notice for California Users
Under California Civil Code Section 1789.3, users of the Service 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, Suite 1200, San Francisco, CA 94105, by phoning 844-803-0210 (M-F 6:00 to 6:00 PST), or by emailing firstname.lastname@example.org. 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.
18. Contact Us
Please contact us at email@example.com to report any violations of these Terms or to pose any questions regarding these Terms.