YOU SHOULD CAREFULLY READ THESE TERMS OF USE (THE “TERMS”) BEFORE USING THE CODES HEALTH WEBSITE (THE “SITE”). BY USING THE SITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO ACCESS OR INTERACT WITH THE SITE.
Any personally identifiable information that Codes Health, Inc. (“us” or “we” or “our” or “Codes Health”) collects through your use of the Site is subject to the Privacy Policy, which is hereby incorporated into of these Terms. By continuing to use the Site, you agree as follows:
Terms of Use
Last Updated: November 2024
These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“you/your” or "user") and Codes Health. Codes Health is the creator of the Codes Health website (the “Site”). Any capitalized terms not defined in these Terms are defined in the Privacy Policy.
What is the Site?
The Site is designed to allow current and prospective customers to access information about Codes Health services.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
How will Codes Health notify you of changes to these terms?
Codes Health reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Site and we will change the “Last Updated” date above.
If you continue to use the Site after we have informed you of the changes, you agree to be bound by the modified Terms.
Who owns the Site and personal data?
Site ownership and use
Codes Health and its licensors own the Site, including all content and functionality you access through the Site. Subject to your compliance with these Terms, Codes Health grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site.
THE SITE IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Site for any other purpose than what is allowed under these Terms without Codes Health’s express written permission.
You may not use Codes Health’s name, trademarks, service marks, or logos, or those of third parties appearing on the Site in any advertising or publicity or to otherwise indicate Codes Health’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Codes Health or such third party.
Personal data ownership and use
You own your Personal Data (as defined in the Privacy Policy) and any other information you submit on or through the Site (collectively, “User Information”). If you are entering someone else’s information into the Site, you represent and warrant that you have permission to do so. You grant to Codes Health a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information to inform you about Codes Health services, subject to the restrictions in the Privacy Policy.
Opting out of communications from Codes Health
We may send communications, including emails, to you regarding the Site. You can choose to filter any Site emails using your email settings, but we do not provide an option for you to opt out of these communications.
If you consent to receive marketing or other communications not related to your User Account or the Site, we will provide you with the option to opt out of such marketing communications within the applicable message.
Third parties and third-party sites
Third-party services
The “Get Demo” and “Book a Demo” functions are provided by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), and you are subject to additional terms and conditions in using the Third-Party Services.
Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy.
IF YOU DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
Warranty disclaimers and limitation of liability
No warranties
THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CODES HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CODES HEALTH MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CODES HEALTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CODES HEALTH OR THROUGH THE SITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, PATIENTS, CAREGIVERS, OR AUTHORIZED THIRD PARTIES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. NEITHER CODES HEALTH NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER CAREGIVERS, PATIENTS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CODES HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE.
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. IN SUCH STATES, CODES HEALTH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CODES HEALTH AND ITS REPRESENTATIVES 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 SITE, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Providing feedback to Codes Health
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and our services (“Feedback”). You may submit Feedback by e-mailing us at [email protected]. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Access termination
If you breach any of these Terms, we may block your access to the Site without prior notice to you. There may be other instances where we may need to block your access to the Site that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Site and materials at any time, with or without cause.
General contract terms
Entire agreement
These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Codes Health and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Codes Health and you regarding the Site.
Governing law
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
Notices
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Codes Health via email (in each case to the address that you provide); and/or (ii) by posting to the Site. You shall give any notice to Codes Health by email to: [email protected]. Notice to Codes Health shall be effective upon receipt of notice by Codes Health.
No inadvertent waiver
The failure of Codes Health to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Codes Health.
Intellectual property rights
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Site, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Codes Health or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Contacting Codes Health
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at [email protected], or at (123) 321-1234
