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Terms and Conditions

Please read these Terms of Use carefully before using this website.

These Terms of Use (the “Terms of Use”) apply to the Crossover Health web site located at www.crossoverhealth.com, and all associated sites linked to www.crossoverhealth.com by Crossover Health, its subsidiaries and affiliates (collectively, the “Website”). The Website is the property of Crossover Health. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Crossover Health reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. So long as you comply with these Terms of Use, Crossover Health grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Content; Copyright

The contents of the Website, including but not limited to scores, statistics, text, graphics, video and audio recordings, images, information, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and other material contained or that may be contained on the Website (the “Content”), and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to Crossover Health, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You may use the materials on this Website for your personal, non-commercial purposes. Except as expressly provided in these Terms of Use, you may not reproduce, duplicate, distribute (including by way of email, facsimile or other electronic means), re-publish, upload, modify, publicly display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise,  or transmit material from the Website without Crossover Health’s express prior written consent.

You may use the Content and information on Crossover Health’s services that is purposely made available by Crossover Health for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such materials, (2) use such information only for your personal, non-commercial informational purposes, (3) do not copy or post such information on any networked computer or broadcast it in any media without Crossover Health’s express prior written consent, (4) make no modifications to any such materials, and (5) not make any additional representations or warranties relating to such materials.

Website Does Not Provide Medical Advice or Establish a Provider-Patient Relationship

The Content is for informational purposes only, and is not intended nor implied to be a substitute for professional medical or mental health advice, diagnosis, or treatment. Watching, listening, reading, emailing or interacting on social media with Crossover Health personnel or our Content through the Website does not establish a provider-patient relationship. By accessing the Website and Content, you expressly agree not to rely upon any of the Content as professional advice.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Nothing in the Content should be understood as a recommendation that you should not do so. Never disregard professional medical advice from your health provider or delay in seeking it because of something you have seen on the Website. If you think you may have a medical emergency, immediately call 911. Crossover Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information. Reliance on any information provided on the Website is solely at your own risk.

While we make an effort to ensure that the Content is accurate, no guarantee is given regarding the accuracy of any statements or opinions expressed in the Content. The Content should not be used in any legal capacity whatsoever, including but not limited to establishing “standard of care” in a legal sense or as a basis for expert witness testimony.  

Services; Other Terms of Use

Additional Terms of Use may apply to purchases or use of Crossover Health’s services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other Terms of Use, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Crossover Health’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

Security

Crossover Health is committed to protecting your personal information. The Website contains many of the same types of security features as other secure websites such as banking websites including: encryption, registration requirements, authorization, and password protection. The Website has several features or services that allow for the recording and storage of your information, which may require you to open an account (including setting up a Crossover Health sign-in name and password). You are responsible for maintaining the confidentiality of the information you hold for your account so that no unauthorized person shall have access to your devices or passwords or accounts, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You are entirely responsible to: (1) control the dissemination and use of your sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly notify Crossover Health if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our Website. You grant Crossover Health and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Crossover Health cannot and does not assume any responsibility or liability for your or third parties’ use or misuse of information transmitted or received using the Website’s tools and services.

You may not use anyone else’s Crossover Health sign-in name, password or account at any time without the express permission and consent of the holder of that Crossover Health sign-in name, password or account. Crossover Health cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Crossover Health’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view Crossover Health’s Privacy Policy, click the link here. For California residents, additional Privacy information is available here.  Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to this Website

This Website may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Crossover Health’s control, and Crossover Health is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Online Content

You agree not to use the Website or any of its features for any purpose that is unlawful or prohibited by the Terms. You are personally responsible for the material that you send and for adhering to rules of conduct on any page of the Website. Crossover Health reserves the right to deny access to any part of the Website at our sole discretion.

Disclaimers

Crossover Health does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are provided on an “as is” and “as-available” basis, without warranty of any kind. All information provided on the website is subject to change without notice. Crossover Health disclaims all warranties, either express or implied, statutory or otherwise, with regard to the Content, including but not limited to warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Crossover Health disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website, the Content and/or Crossover Health’s services. you assume total responsibility for your use of the Website and any Linked Sites. Your sole and exclusive remedy against Crossover Health if you are dissatisfied with any portion of the Website, any Content, or with any of these Terms of Use, is to discontinue accessing the Website or any such Content. 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Without limiting the foregoing, Crossover Health, its licensors, affiliates and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website.

Crossover Health reserves the right, at any time and without notice, to do any of the following: (1) modify, suspend or terminate operation of or access to the Website or Content, or any portion thereof; (2) modify or change the Website or Content, or any portion thereof, and any applicable policies or terms; and (3) interrupt the operation of the Website or Content, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

The use of the Website and the Content is at your own risk. When using the Website, while advanced technological safeguards are in place, information will be transmitted over a medium that may be beyond the control and jurisdiction of Crossover Health and its affiliates. Accordingly, Crossover Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.

Except where prohibited by law, in no event will Crossover Health, its officers, directors, employees, consultants, owners, licensors, affiliates, suppliers, or any third parties mentioned on the Website be liable to you for any indirect, consequential, exemplary, incidental or punitive damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), whether based on warranty, contract, tort, or any other legal theory, and whether or not Crossover Health, its licensors, its suppliers, or any third parties mentioned on the Website have been advised of the possibility of such damages.  

If, notwithstanding the other provisions of these Terms of Use, Crossover Health is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, Crossover Health’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow the exclusion or limitations of liability, so the foregoing limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold Crossover Health, its officers, directors, owners, predecessors, successors in interest, employees, agents, licensors, suppliers, subsidiaries and affiliates, harmless from any actions, demands, loss, liability, claims, settlements or expenses (including without limitation, reasonable legal and accounting fees), made against Crossover Health by any third party resulting from, or alleged to result from, your violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website,  including all disputes, and all claims involving Crossover Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. Crossover Health’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Crossover Health of any provision or any right it has to enforce these Terms of Use, nor shall it be deemed a further or continuing waiver of such term or condition or any other term or condition, nor shall any course of conduct between Crossover Health and you or any other party be deemed to modify any provision of these Terms of Use. 

Any claims arising in connection with your use of the Website or Content must be brought within one (1) year of the date of the event giving rise to such action occurred, or such claim is barred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Crossover Health and you arising out of or in connection with your use of the Website or Content, you and Crossover Health agree to attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Complete Agreement

These Terms of Use constitute the entire agreement between you and Crossover Health with respect to the use of the Website and Content.