Terms and Conditions
Last updated: February 16, 2024
Please read these terms and conditions carefully before using the services (collectively, the “Services” or the “Services”) offered by Consolidate Health, Inc. (“Consolidate Health”).
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program created, owned, operated and offered by Consolidate Health that You can use on any electronic device.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account you create to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Consolidate Health, Inc., located at 3300 Dallas Pkwy Suite 200, Plano, TX 75093.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the products offered through our Application or the Website..
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Consolidate Health, accessible at https://consolidate.health
You refers to the individual who created the account and is accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions (hereafter “Terms”) governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms.
By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access Your account or the Service.
To create an Account and access the Service, you must be at least eighteen (18) years of age and a resident of the United States. If you are not 18, You may not create an Account or register to use our Services. You agree that any information that you provide to us in order to access the Services, including during registration and in any information you upload to the Application or Website, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account.
By accessing our Services, You hereby accept the practices and provisions described in these Terms, as well as our Privacy Policy and other terms, agreements, statements of rights, consent forms, and policies referenced above. If you do not agree to these Terms, or any of the documents referenced above, please do not create an Account or access the Services.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account and access to the on Services.
You are responsible for safeguarding the password that You use to access the Account and the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You may not use anyone else's account at any time. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account .
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
In no event and under no circumstances shall we be held liable to You for any liabilities or damages resulting from or arising out of your use of the Account or Services, your use of information from the Account or your release of information from Your Account to a third party.
The Service and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of the state of Delaware and the United States.
Trademarks
Certain of the names, logos, and other materials displayed in the Application or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Consolidate Health or other entities. You are not authorized to use any such Marks without the express written permission of Consolidate. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide to Consolidate Health. If for any reason such assignment is ineffective, You agree to grant Consolidate Health a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Termination
You may deactivate your Account and end your access to the Services at anytime, for any reason, by navigating to the settings page and following the prompts to delete your account. In addition, we may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Websites or Application pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide you with the Services or access to the Account, except to the extent we are legally obligated to provide you access to any records located within your Account.
Upon termination, Your right to use the Service will cease immediately
Indemnification
You agree to indemnify and hold harmless Consolidate Health and the members of its corporate family (i.e., all parents, subsidiaries and affiliates), as well as any investors and partners, and their respective agents, partners, employees and contractors from and against any claims, damages, loss, costs, fines, penalties, settlements, expenses, payments or other liabilities, including reasonable attorney’s fees and legal expenses, resulting from (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any law or third-party right, including any copyright, trademark, trade secret or privacy right related to your use of the Application or Website. The members of Consolidate Health’s corporate family, and the respective agents, partners, employees, contractors, investors and partners of them and Consolidate Health, are intended third-party beneficiaries of this section.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, OR ANY INTANGIBLE LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THIRD-
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, the Company disclaims any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
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 U.S. copyright law. If you believe in good faith that materials appearing on the Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, 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 statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Consolidate Health at the address provided herein.
Dispute Resolution
We work hard to keep our customers satisfied. If a dispute arises between you and Consolidate Health, our goal is to resolve the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us by the methods listed in the Contact Information section at the end of these Terms or by sending an email to compliance@consolidate.health.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Consolidate Health agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. If any dispute, claim, or controversy between you and Consolidate Health is not resolved within 30 days after contacting us, then you agree to resolve it through final and binding arbitration, with the following three exceptions:
You may assert your dispute, if it qualifies, in small claims court.
Both you and Consolidate Health may bring a suit in court in the state of Delaware only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.
If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.
Arbitration Rules
Arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, the Privacy Statement, or the Notice of Privacy Practices, including but not limited to any claim that all or any part of these documents is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator can grant whatever relief would be available in a court under law or in equity. The arbitrator’s award must be written, will be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, go to www.jamsadr.com and follow the instructions for creating a Demand for Arbitration online, which will include sending a copy to: Consolidate Health Health, Inc., Attn: Legal Department, legal@Consolidate Healthhealth.com. Arbitration may take place in the county where you reside at the time of filing. You and Consolidate Health further agree to submit to the personal jurisdiction of any federal or state court in Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Fees
You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Consolidate Health will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise.
No Class Actions
You and Consolidate Health each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that an arbitration can proceed on a class basis, then Consolidate Health may determine to not arbitrate.
Changes to This Section
Consolidate Health will provide thirty (30) days’ notice of any changes affecting the substance of this section “Arbitration and Class Action Waiver” by posting notice of modifications to the Terms on the Services, sending you a message, notifying you when you are logged into your account, or other Communications. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Survival of Provisions
This Dispute Resolution section survives any termination of your account or the Services.
Geographical Access to the Services
Consolidate Health makes no representation that all products, services and/or material described on the Sites, or the Services available through the Sites, are appropriate or available for use in locations outside the United States or all states and territories within the United States.
Waiver
No waiver by Consolidate Health of any term or condition set forth 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 Consolidate 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 by a court or other tribunal of competent jurisdiction 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.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@consolidate.health
