Terms and Conditions

These Terms of Use ("Terms") describe the rules for using the Coord Health website and proprietary software platform (collectively, the “Platform”). The purpose of the Platform is to enable qualified employees and other authorized users to effectively provide health care education and navigation (the “Services”). These Terms constitute a legally binding agreement between you, the person using the Platform, and Coord Health (“Coord” or the “Company”). Terms such as "we" or "our" and "Company" refer to Coord and its affiliate entities.

Participation and providing personal information to Coord Health is voluntary. By using this Platform, you agree to the most recent Terms. We will notify you of any changes to these Terms by posting a notice of the changes on this or a similar page of this Platform. It is your responsibility to review these Terms each time you use this Platform. By continuing to use this Platform, you consent to any changes to our Terms.

By using this Platform, you acknowledge and agree that any activity on this Platform is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law and in accordance with our Privacy Policy. Please refer to our Privacy Policy for information relating to our collection, use and disclosure of your personal information.

Use of Platform and content ownership

Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable right to access the Platform for the sole purpose of accessing the proprietary information on our Platform and providing patient-specific information that will enable us to provide the Services.

All rights, title and interest in and to the Platform, excluding the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Platform, granting the foregoing licenses or entering into this Agreement.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to access the Content terminates immediately. Upon the termination of this license you must stop using this Platform, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

Restrictions on use of this Platform

You agree:

not to use this Platform in any way not explicitly permitted by these Terms or the text of the Platform itself;
not to copy, modify or create derivative works of the Platform;
not to misrepresent your identity or provide us with any false information in any information-collection portion of this Platform, such as a registration or enrollment application page;
not to take any action intended to interfere with the operation of this Platform;
not to access or attempt to access any portion of this Platform to which you have not been explicitly granted access;
not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
not to directly or indirectly authorize anyone else to take actions prohibited in this section;

You represent and warrant that you are at least 18 years of age.

Sharing your Information

You are solely responsible for the information that you provide and the Company assumes no responsibility or liability for any information submitted by you. You understand that we may preserve and access a backup-copy, and we may disclose the information you provide if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.

You represent and warrant that any information you provide is accurate; that use of the information you provide does not violate these Terms and Conditions and is not intended to cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from information you provide.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Platform infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@coordhealth.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Platform should be sent to the address above.

NO WARRANTIES

THE PLATFORM IS INTENDED TO FACILITATE CUSTOMIZED HEALTH CARE EDUCATION AND NAVIGATION SERVICES AND IS NOT INTENDED TO BE A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION IN THE PLATFORM AND PROVIDED DURING THE PROVISION OF THE SERVICES PROVIDED BY THE COMPANY IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RESPECTING NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHILE WE TAKE REASONABLE MEASURES TO ENSURE THAT THE PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS WE RECOMMEND ARE WITHIN A USER’S HEALTH INSURANCE PLAN NETWORK, WE CANNOT GUARANTEE THAT THIS WILL ALWAYS BE THE CASE. YOU AS THE USER ARE RESPONSIBLE FOR CONFIRMING NETWORK COVERAGE, AND ASSUME ALL FINANCIAL RESPONSIBITY FOR THE HEALTH CARE SERVICES RECOMMENDED TO YOU THROUGH THE PLATFORM.

Use of the terms “partner” and “partnering” herein is not intended to convey or imply the existence of a legal partnership or joint venture relationship with any entity.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

LIMITATION OF LIABILITY

YOU AGREE THAT COORD AND ITS AFFILIATES (“PLATFORM-RELATED-PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE PLATFORM ARE EXCLUDED EVEN IF THE PLATFORM-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS PLATFORM AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

Governing law and statute of limitations

The laws of The Commonwealth of Massachusetts govern these Terms and any cause of action arising under or relating to your use of the Platform, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Platform, is in the state and federal courts in the Commonwealth of Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Platform, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

To contact us regarding these Terms or the operation of the Platform itself, contact us at info@coordhealth.com.

Additional terms

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Platform-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Platform. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.

How To Contact Us

Should you have any questions or complaints regarding violations of these Terms, please contact us at info@coordhealth.com.

Last Updated: September 27, 2024