Terms + Conditions
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE CIX HEALTH SERVICES. BY CREATING AN ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT LOG ON OR USE THE CIX HEALTH APPLICATION.
By continuing to use the Services, You agree as follows:
• Any information that We collect through Your use of the Services is subject to the Cix Health Privacy Policy, which is part of these Terms of Use;
• You are at least 18 years old or have been legally emancipated;
• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
• If You create a profile for a third party for whom You are not the parent or legal guardian, You represent and warrant that You have permission from such person to input and share their Personal Data within the App and with other third parties;
• If You opt in to receive SMS or text messages from Cix Health, You consent to receive them as described in Section 8 and the Privacy Policy;
• You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Use, as they may be amended by Cix Health from time to time; and
• You understand, accept, and have received these Terms, and acknowledge and demonstrate that You can access these Terms at will.
IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT LOG INTO THE APP AND IMMEDIATELY DELETE ALL FILES, IF ANY, ASSOCIATED WITH THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CIX HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, AND UNLESS YOU OPT OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE ARBITRATION AGREEMENT BY CONTACTING INFO@CIXHEALTH.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Thank You for choosing Cix Health to help You manage Your and/or someone else's health. Please note, these Terms of Use (the "Terms") constitute a binding agreement between You ("You" or "Your") and Cix Health, LLC ("Cix Health", "We", "Us", "Our"). These Terms govern Your use of the Cix Health website, located at https://cixhealth.com/ (the "Website"), and/or the Cix Health application (the "Application" or "App") and the services available through the Website and App (collectively, the "Services"). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the Cix Health Privacy Policy. All capitalized terms not defined in these Terms are defined in the Privacy Policy.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
What is Cix Health?
Section 1
The Cix Health Services allow You to track and manage Your and/or someone else's health by creating individual, personal health profiles where You can upload and store health data, forms, and prescriptions, coordinate with caregivers, family members, and treatment providers, and set reminders for appointments and medications. You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Cix Health Privacy Policy.
We are not a medical record
Cix Health is not a medical record, an electronic health record system, or a system of record for clinical treatment. In some cases, we receive claims and other information from Your health plan, third-party administrator, employer-sponsored program, or other sources You have authorized, and we use that information to help coordinate Your care and connect You to data, solutions, and people You choose to engage with. We do not provide clinical or medical services. The information available through the Services should not be relied upon as a complete or authoritative medical record, should not be used as a substitute for the records maintained by Your healthcare providers, and should not be used to make medical decisions without consulting a qualified healthcare professional.
We do NOT provide medical advice
Cix Health provides the Services only to help You track and manage the information You share with us. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. Cix Health is not a medical professional service, and Cix Health does not provide medical services or render medical advice. If You require medical advice or services, You should consult a medical professional.
We may provide You with links to third parties that may provide You with medical advice (see the Privacy Policy for details), but Your use of those third parties is not governed by these Terms or the Cix Health Privacy Policy. Such links are provided for informational purposes only and do not constitute an endorsement of the third parties we link to. Cix Health does not evaluate or warrant the accuracy or quality of third party services provided to You, and You are responsible for confirming the qualifications of any third party service provider You use.
If at any time You are concerned about Your care or treatment, or You believe that You or someone else has a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
Who is eligible to use the Services?
Section 2
By registering for an account and using the Services, You represent and warrant:
1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
2. Your registration data is true, accurate, current, and complete;
3. You will update Your registration data as needed to maintain its accuracy;
4. You are authorized to create an account (either for Yourself or another person);
5. By using the Services, You represent and warrant that You have legal authority to share Your health data and other Personal Information (as that term is defined in the Privacy Policy) with Cix Health. In addition, if You create a profile for a third party for whom You are not the parent or legal guardian, You represent and warrant that You have permission from such person to input and share their Personal Data within the App and with other third parties. Our use of the information You provide to Cix Health via the Services is subject to the Privacy Policy in effect at the time we use it; and
6. You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a "terrorist supporting" country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
How will Cix Health tell me if they change these Terms?
Section 3
With the exception of the Arbitration Agreement included at the end of these Terms, Cix Health reserves the right to change or modify these Terms at any time. If we materially change or modify these Terms, we will let You know by (1) posting a new version to the Services; and/or (2) posting a change notice on our Website and/or Application, and where required by law, by providing notice to You.
If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.
Who owns the Cix Health Services?
Section 4
Cix Health owns the Services and all materials You access through the App or Website. Subject to Your compliance with these Terms, Cix Health grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing the Application. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Services for any other purpose than what is allowed under these Terms without Cix Health's express written permission.
You may not use Cix Health's name, trademarks, service marks, or logos, or those of third parties appearing on the Services, in any advertising or publicity or to otherwise indicate Cix Health's or such third party's sponsorship or affiliation with any product or service without express written permission from Cix Health or such third party.
You own Your Personal Data and any other content You post on or through the Services. If You are entering someone else's information into the Services, You represent and warrant that You have permission to do so. For us to provide You with the Services, You grant Cix Health a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, modify (for formatting and display), and use Your content solely as necessary to provide, maintain, and improve the Services and to make Your content available to the people and parties You choose to share it with, subject to the Privacy Policy. This license ends when You delete the applicable content or close Your account, except that (a) we may continue to use aggregated and de-identified data created from Your content as described in the Privacy Policy, and (b) residual copies may persist in routine backups for a limited period. You also agree to allow Cix Health to de-identify and aggregate Your content, including Your personal health information, in accordance with the Privacy Policy, and to use and disclose such de-identified and aggregated data as described in the Privacy Policy.
What am I not allowed to do with the Services?
Section 5
Cix Health imposes certain restrictions on Your use of the Services. While using the Website, App, or Services, You shall not:
7. provide false, misleading, or inaccurate information to Cix Health or any other user;
8. impersonate, or otherwise misrepresent affiliation, connection, or association with, any person or entity;
9. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use;
10. access content or data not intended for You, or log onto a server or account that You are not authorized to access;
11. violate any applicable law or regulation;
12. attempt to probe, scan, or test the vulnerability of the Services, the Website, the App, or any associated system or network, or breach security or authentication measures without proper authorization;
13. interfere or attempt to interfere with the use of the Website, the App, or the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing;
14. forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services;
15. post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
16. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cix Health or any other third party to protect the Services;
17. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Cix Health in providing the Website or App. Any violation of this section may subject You to civil and/or criminal liability; or
18. encourage or enable any other individual to do any of the above.
Cix Health is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms and to respond to law enforcement or other government agencies if and when we are required to. Cix Health reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
Who protects my login information?
Section 6
You will choose a username and password when You register for the Application. You are responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of any other user at any time. You agree to notify Cix Health immediately of any unauthorized use of Your account, username, and/or password. CIX HEALTH WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. You may be held liable for any losses incurred by Cix Health, its affiliates, officers, directors, employees, consultants, agents, and/or its representatives due to someone else's use of Your account or password, regardless of whether You were aware of such use.
How does Cix Health protect my privacy?
Section 7
Cix Health respects the information You provide to us. Please see our Privacy Policy for an explanation of the information that we collect from You and how we use it.
Cix Health operates in two capacities. When You use the Services as a direct-to-consumer user to manage Your own information or that of a family member or care recipient, Cix Health acts as a data controller, and the Privacy Policy governs that information. When Cix Health provides the Services to or on behalf of a health plan, third-party administrator, employer, or other organization (a "Plan Sponsor"), Cix Health acts as a service provider or business associate to that organization, and Your information is governed primarily by the agreement between Cix Health and the Plan Sponsor and, where applicable, by the Health Insurance Portability and Accountability Act ("HIPAA") and any associated Business Associate Agreement.
By accessing or using the Website, App, or Services, or by downloading or uploading any content from or through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms. We will seek Your consent before sharing Your information with third parties according to the terms of the Privacy Policy. We are not responsible for nor liable to You or any third party for a third party's treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.
SMS and text messaging
Section 8
Express consent required. You will only receive SMS messages from Cix Health if You have given us Your prior express written consent. The messages we send are primarily transactional and informational and may, where applicable, include promotional content. By opting in through a Cix Health digital form, in-app screen, paper enrollment, or by texting a keyword to a Cix Health short code or long code, You agree to receive recurring text messages from Cix Health at the mobile number You provided.
Not a condition of service. Your consent to receive SMS messages from Cix Health is never required as a condition of using our Services, accessing Your benefits, or purchasing any product or service.
Message frequency and rates. Message frequency varies by program and by Your engagement with our Services. Message and data rates may apply, depending on Your mobile carrier plan. Cix Health does not charge a fee for sending or receiving SMS messages, but Your carrier may.
How to opt out and get help. You can stop receiving SMS messages at any time by replying STOP to any message. After You reply STOP, You will receive one final confirmation message, and no further messages will be sent to your number. Reply HELP to any message for assistance, or contact us at info@cixhealth.com.
No sale or third-party marketing. Cix Health does not sell, rent, lease, or share your mobile phone number, SMS opt-in information, or SMS message content with third parties or affiliates for their marketing or promotional purposes. Mobile information is shared only with service providers that help us deliver the messages you have requested, and those providers are contractually prohibited from using it for any other purpose.
Eligibility. Cix Health SMS programs are available to U.S. residents who are 18 years of age or older. Do not opt in if you are under 18.
Full details of our SMS programs, including the information we collect and how we use, protect, share, and retain it, are described in the SMS Communications section of the Privacy Policy.
The App Store and Google Play
Section 9
If You downloaded the App from the Apple App Store or accessed it through Google Play (the "App Provider"), by agreeing to these Terms, You acknowledge that You understand and agree to the following:
19. This Agreement is only between You and Cix Health, and not between You and the App Provider, and only Cix Health is responsible for the Application;
20. The App Provider has no obligation to furnish any maintenance or support services with respect to the App;
21. In the event of any failure of the App to conform to any applicable warranty, (i) You may notify the App Provider and the App Provider will refund Your purchase price for the App to You (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation with respect to the App; and (iii) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Our responsibility;
22. The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
23. In the event of any third-party claim that the App or Your possession and use of the App infringes that third party's intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and
24. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as they relate to Your license to use the App. Upon Your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You.
Apple users only: If you downloaded the App from the App Store, the license granted to you in these Terms is non-transferable and is for use of the App on any Apple products that you own or control.
What is Cix Health's copyright policy?
Section 10
By creating, posting, or sharing data, sound, and images on or through the Website or App ("Your User Content"), and subject to the Privacy Policy, You grant Cix Health a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, and modify (for formatting and display) Your User Content solely as necessary to operate, provide, and improve the Website, App, and Services and to make Your User Content available to the people and parties You choose to share it with. We may also create aggregated and de-identified data from Your User Content as described in the Privacy Policy; once de-identified, such data is no longer Your User Content. This license ends when You delete the applicable User Content or close Your account, except that residual copies may persist in routine backups for a limited period and we may continue to use aggregated and de-identified data. Cix Health reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion.
You represent and warrant that: (i) You own the content posted by You on or through the Website or App or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Website or App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Website or App does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of content you post on or through the Website or App. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Cix Health may review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment, violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of, users of the Website or App.
Copyright Policy
Cix Health respects copyright law and expects its users to do the same. It is Cix Health's policy to terminate, in appropriate circumstances, users or other account holders who are believed to have infringed the rights of copyright holders.
Digital Millennium Copyright Act (DMCA) notifications for intellectual property infringement. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears in our Services, please provide Cix Health's designated agent (listed below) the following information:
• 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 and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 via the Application, and information reasonably sufficient to permit Cix Health to locate such material.
• Information reasonably sufficient to permit Cix Health to contact You as the complaining party, such as an address, telephone number, and, if available, an email 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 the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cix Health's agent for notice of claims of copyright or trademark infringement on this App can be reached at:
Cix Health, LLC
Attn: Cix Health DMCA Agent
2400 Old Brick Road, Suite 337
Glen Allen, Virginia 23060
Email: info@cixhealth.com
Please note that the procedure described above is exclusively for notifying Cix Health and its affiliates that Your copyrighted material has been infringed. The preceding requirements are intended to comply with Cix Health's rights and obligations under the DMCA, including 17 U.S.C. section 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding Your rights and obligations under the DMCA and other applicable laws.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
Submitting a DMCA Counter-Notification
We will notify You that we have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Cix Health's copyright agent (listed above) that includes all of the following information:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from You, under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Cix Health may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Cix Health reserves the right, in its sole discretion, to terminate the account or access of any user of our Application who is the subject of repeated DMCA or other infringement notifications. We may give notice of a claim of copyright infringement to our users by means of a general notice on our Website, electronic mail to your email address in our records, or by written communication sent by first-class mail to Your address in our records, as determined in our sole discretion.
Computer equipment and Internet access
Section 11
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up-to-date web browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
How do I opt out of receiving emails and messages from Cix Health?
Section 12
In providing the Services, You may receive periodic email communications regarding the Services, including account-related and transactional messages, which are part of the Services and which You cannot opt out of receiving while You maintain an account. You may also receive promotional emails, newsletters, and offers. You can opt out of promotional emails at any time by following the unsubscribe instructions contained in each message or by changing the notification preferences in your account Settings.
If you have opted in to receive SMS or text messages from Cix Health, you can stop receiving them at any time by replying STOP to any message. See Section 8 and the Privacy Policy for full details on our SMS programs.
Links to outside third-party websites and services
Section 13
The Services may contain links to third-party websites or services that we do not own or control ("Third-Party Websites"). Cix Health does not have control over, and we assume no responsibility for, the content and performance of Third-Party Websites. ACCORDINGLY, CIX HEALTH DOES NOT REPRESENT, WARRANT, OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS, OR QUALITY OF THE INFORMATION, MATERIAL, GOODS, OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. CIX HEALTH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY WEBSITES.
Your representations and warranties
Section 14
You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Cix Health policies and procedures. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (WHETHER YOURS OR SOMEONE ELSE'S) WITH CIX HEALTH.
Warranty disclaimers and limitation of liability
Section 15
No warranties
THE WEBSITE, APP, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CIX HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Your responsibility to back up your data
THE WEBSITE, APP, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACK UP YOUR DATA AND TO ENSURE SUCH BACKUPS ARE SECURE.
Limitation of liability
NEITHER CIX HEALTH, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CIX HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE NOT SATISFIED WITH THE WEBSITE, APP, OR SERVICES, YOU SHOULD DISCONTINUE USING THEM. THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE GREATEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CIX HEALTH ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID CIX HEALTH, IF ANY, IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST BRING ANY CLAIM ARISING FROM YOUR USE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
Section 16
You agree to indemnify, defend, and hold harmless Cix Health, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with Your access to or use of the Website, App, or Services, Your violation of this Agreement, or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Website, App, or Services through Your account, regardless of whether You were aware of such use, including without limitation the storage and/or disclosure of any third party's Personal Data without that party's permission or consent.
Governing law
Section 17
These Terms are governed by the laws of the State of Delaware without regard to its conflict of laws principles. Subject to the Dispute Resolution section below, the state and federal courts located in Delaware have jurisdiction over any action arising under these Terms or Your use of the Services.
How and when can my account be terminated?
Section 18
If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Website, App, or Services without prior notice to You. There may be other instances where we may need to terminate Your access to the Website, App, or Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Website, App, or Services and materials at any time, with or without cause.
If You wish to terminate Your account, You may do so through the account deletion option in the Application Settings, or by contacting Cix Health at info@cixhealth.com. Upon termination, you should delete all files associated with the Services from your computer or mobile device. Deletion and retention of Your Personal Data following termination are handled as described in the Privacy Policy.
How do I provide feedback, and who owns it?
Section 19
We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to the Website, App, or Services ("Feedback"). You may submit Feedback by emailing us at info@cixhealth.com. If you submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.
Notices
Section 20
All notices required or permitted to be given under these Terms must be in writing. Cix Health shall give any notice by email sent to the most recent email address, if any, that You have provided to Us. You agree that any notice received from Cix Health electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH CIX HEALTH IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY CIX HEALTH OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Cix Health by means of: (1) U.S. mail, postage prepaid, to Cix Health, LLC, 2400 Old Brick Road, Suite 337, Glen Allen, Virginia 23060; or (2) email to info@cixhealth.com. Notice to Cix Health shall be effective upon receipt of notice by Cix Health.
General contract language
Section 21
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in these Terms creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
Dispute resolution
Section 22
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to your satisfaction by emailing Cix Health at info@cixhealth.com. In the unlikely event that our team is unable to resolve a complaint You may have (or if Cix Health has not been able to resolve a dispute it has with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and Cix Health agree to resolve the dispute through binding arbitration in the Commonwealth of Virginia before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and governed by the laws of the State of Delaware. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential, and neither party will disclose to any person (other than as necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
Mass arbitration. If twenty-five (25) or more demands for arbitration that raise similar claims are filed by or with the assistance or coordination of the same or coordinated counsel, You and Cix Health agree that the demands will be administered in batches of no more than fifty (50) demands at a time, that a single arbitrator will preside over each batch, and that the parties will use reasonable efforts to resolve the remaining demands based on the outcomes of an initial set of bellwether arbitrations. Any applicable limitations period and any arbitration filing deadlines will be tolled for demands held in later batches.
This agreement to arbitrate will not preclude You or Cix Health from seeking provisional remedies in aid of arbitration, including, without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Cix Health from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING EQUITABLE RELIEF WILL BE THE FEDERAL AND STATE COURTS LOCATED IN DELAWARE; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
As described in the Arbitration Notice above, you may opt out of this agreement to arbitrate by contacting info@cixhealth.com within 30 days of first accepting these Terms.
How do I contact Cix Health?
Section 23
Cix Health is headquartered in Glen Allen, Virginia, in the United States of America. Specific questions and comments should be directed to the appropriate department via email to info@cixhealth.com. While we make every effort to respond to emails within one week of receiving them, we cannot guarantee a response to every electronic communication. You may also contact us via postal mail at:
Cix Health, LLC
2400 Old Brick Road, Suite 337
Glen Allen, Virginia 23060