Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and MCC Health, PBC (“Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of costpluswellness.com (the “Website”). This Website is intended to assist employers and healthcare providers in contracting for the provision of healthcare services to employers’ employees all within the United States (“Intended User”). This Website is not intended for consumer use. If you are not accessing this Website as an employer (or on behalf of an employer) or healthcare provider for its intended purpose, the information on the Website may not be relevant to you.
Please read the Terms carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and the associated Privacy Policy incorporated herein by reference. If you are not an Intended User, are accessing the Website from outside of the United States or do not agree to these Terms and Privacy Policy, you are not granted permission to access or use the Website and must not access or use the Website.
Content; Reliance on Information Posted
The information and content (collectively, “Content”) on the Website is for your general educational information only and does not constitute legal, medical, tax, insurance, or other professional advice of any kind. All Content is intended to be for general information purposes only. Content may be published under copyright. You agree to honor and follow any restrictions on use stated on the Content you are accessing, and that you will honor and maintain any copyright notice or other claim of intellectual property interest in any reproduction of the Content.
We do not warrant the accuracy, completeness, or usefulness of Content. Any reliance you place on such information is strictly at your own risk. You should engage legal counsel to review any contracts offered through the Website (referred to hereinafter as “User Contribution”). We do not provide legal, consulting or professional services, nor should you rely on any of the Content made available through the Website as legal or professional advice or as representing an analysis or endorsement of the benefits, plans or providers made available via the Content. You should engage qualified professionals to assist you in understanding the subject matter of the Content. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
As a function of the Website, we may assist you in identifying entities with whom you may contract (“Matching Function”). We provide the Matching Function solely for your convenience. We do not investigate, conduct due diligence on, or otherwise evaluate the appropriateness or qualifications of the third-party offerings made available via the Website. Before entering into an agreement with any third party identified through the Matching Function you should conduct appropriate diligence of such third party and its offerings.
This Website may link to third-party websites or resources. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company.
We are not responsible for nor liable to you or any third party for the accuracy of any Content. If you decide to access any third-party websites linked from or to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Changes to the Terms
We may revise and update these Terms and/or associated Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and/or Privacy Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. All content is provided “as-is”, “as available” and with all faults.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned or licensed by Company and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use Content from the Website for your internal business use only. Any other use, reproduction, distribution, or creation of derivative work requires our prior written consent.
If you provide feedback, suggestions, or other content (excluding personal information covered by the Privacy Policy), you grant Company a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute that content.
User Contributions
The Website may permit you to submit, upload, or otherwise provide contract templates, forms, and other materials on behalf of the entity identified in such materials (“Offeror”) for our review and potential publication on the Website (collectively, “User Contributions”). By submitting a User Contribution to Company, you represent and warrant:
- You have the authority to act on behalf of Offeror, to bind Offeror to these Terms and to provide the User Contributions;
- Offeror intends the User Contributions to serve as a valid offer;
- Offeror grants Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, publish, publicly display, distribute, and otherwise make available the User Contribution, in whole or in part, to other users of the Website and for any purpose related to the operation of the Website;
- We may identify the Offeror as the entity that submitted the User Contribution, and may use the Offeror’s name, tradename and trademarks in identifying Offeror (This license survives any removal of the User Contribution or any termination of your access to the Website);
- Offeror (a) owns or has all rights, licenses, consents, and permissions necessary to make the User Contribution available to Company and to grant the license described above; (b) the User Contribution does not and will not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right of any third party; and (c) the User Contribution does not contain any confidential, privileged, or personal information that you are not authorized to disclose;
All User Contributions are non-confidential and non-proprietary as between you and Company, and your submission of any User Contribution does not create any confidential, fiduciary, agency, or other relationship between you and Company. We are not obligated to hold any User Contribution in confidence, to pay any compensation or otherwise account for any User Contribution, or to respond to or publish any User Contribution.
Our publishing of User Contributions is at our sole and exclusive discretion. We have the right, but not the obligation, to review, screen, edit, reject, refuse to publish, remove, or disable access to any User Contribution at any time, for any reason, in our sole discretion, without notice and without liability to you or Offeror. We are under no obligation to monitor User Contributions, and we do not verify, and assume no responsibility for, the accuracy, completeness, legality, enforceability, or quality of any User Contribution. Our review or publication of a User Contribution does not constitute approval, endorsement, verification, or legal or other professional advice of any kind, and you may not represent that any User Contribution has been endorsed or approved by us.
You agree that you will not submit any User Contribution that: (a) violates any applicable law or regulation; (b) infringes or misappropriates any third party’s intellectual property or other rights; (c) contains any third party’s confidential information or trade secrets that you are not authorized to disclose; (d) contains any viruses, malware, or other harmful code; or (e) is unlawful, fraudulent, defamatory, or otherwise objectionable. We may suspend or terminate your access to the Website, and to the submission functionality, for any violation of these Terms.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We do not make any representations regarding the fairness, legality, enforceability, fitness for any purpose, commercial reasonableness or any other attributes of the Content made available through the Website, including, but not limited to, User Contributions, or the items or services that may be accessed or contracted for through the use of the Content. You should engage legal counsel to review any Content before relying on it.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND PROVIDERS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Company and its affiliates, employees, officers, directors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, your violation of these Terms, or your User Contributions, including, but not limited to, any use of the Content.
Digital Millennium Copyright Act
We will comply with the Digital Millennium Copyright Act.
If you have any copyright concerns about materials posted on the Website, you agree to let us know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. An effective notification contains the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- 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.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or your agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you have authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- All inquiries not compliant with the described procedure will not receive a response. For more information email legal@costpluswellness.com and include “IP Policy” in the subject line of your email.
Governing Law and Jurisdiction
All matters relating to the Website, the Privacy Policy and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed exclusively by the internal laws of the State of Texas without giving effect to its choice or conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
Any legal suit, action, or proceeding arising out of, or related to, these Terms, Privacy Policy or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Dallas County, State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE CONTENT, PRIVACY POLICY, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU WAIVE SUCH ACTION OR CLAIM.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and MCC Health, PBC and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Content.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us at legal@costpluswellness.com or
MCC Health, PBC
1229 Slocum Street
Dallas, TX 75207
ATTN: costpluswellness.com