Terms of Service Overview

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Terms of Service Overview
Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
Healthcnxt Relationship
  • By using our Platform, you are agreeing to our Terms of Service. That is a legally binding agreement between you and Healthcnxt.
  • If you break the rules, we may suspend or terminate your account.
  • We charge for certain aspects of our Platform, and these fees are billed on a regular and recurring basis (unless you cancel your subscription or delete your account.)
Groups, Organizers and Members
  • Organizers may establish criteria for their own groups. While there is probably a group out there for everyone, not every group is for you. If you can't find the right group, you can easily start your own.
  • Organizers may charge fees for events. if they so choose. These transactions are to be handled by the organizer as a Freelancer or as an independent consultant. Any transactions including currency outside of the Healthcnxt app are solely between the organizer and their attendees.
  • Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can't control what happens in the real world, and we are not responsible for it. You should use commen sense and good judgement when interacting with others.
Your Content and Content of Others
  • You are responsible for your "Content", which means any information, material or other content posted to our Platform. Your Content must comply with our Terms Of Service, which includes the Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restriction, Payment Policies, and Usage Property Dispute Policies.
  • We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote and protect Healthcnxt and our Platform for the benefit of you and others.
  • We are not responsible for Content that members post or the communications that members send using our Platform. We generally don't review Content before it's posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
Our Platform
  • We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.
  • We are occasionally improving our Platform. This means that we may modify or discontinute portions of our Platform
  • By using our Platform, you agree to the limitations of liability and release in our Terms of Service, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms of Service. Claims can only be brought individually, and not as part of a class action.

Terms of Service


Last updated: October 6, 2018

Our Terms of Service contain important information about your legal rights. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.
1. This Agreement
Summary: You agree to follow some basic rules when using Healthcnxt's Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.
1.1 The Agreement
Healthcnxt enables you and other members to arrange off-line real world pickup game and events. The term "Healthcnxt", "we", "us", and "our include Healthcnxt and our affiliates. We use the terms "you" and "your" to mean any person using our Platform, and any organization or person using the Platform on an organization's behlaf. We use the word "Platform" to mean any website, application or service offered by Healthcnxt, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms "Terms of Service" and "Agreement" interchangeably to mean this document together with the policies and guidelines available for your view here.
1.2 Revisions to this Agreement
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page.
2. Your Account and Membership
Summary: You need to be at least 18 years old to use our Platform. Healthcnxt organizers control the Content of their groups and events. However, we may remove any Content you post or terminate your account at any time.
2.1 Eligibility
Our Platform is available to anyone who is at least 18 years old. You represent that you are 18 at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a healthcnxt group or event may be set by the organizers of that group.
2.2 Suspension of Your Account
We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Healthcnxt community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time.
2.3 Account Information and Security
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are repsonsivble for anything that happens from you failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
3 Fees, Payments and Offers
Summary: We charge for certain features on our Platform. Fees are billed on a regular and recurring basis(unless you cancel your subscription), and may change in the future. Additionally, some organizers charge money for the participation in a Healthcnxt group or Healthcnxt Event.
3.1 Fees Charged by Healthcnxt
Use of some of the features on our Platform is free, and we charge fees for other or additional features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform oe sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S dollars. All fees are exclusive of applicable federal, state, local or other taxes. Susbcriptions are non-transferable.
3.2 Fees Charged by Organizers
Organizers may impose fees related to particular portions of the Platform, such as member dues for a Healthcnxt group or an event. The decision to charge fees and the amount of those fees is at the discretion of those organizers.
3.3 Payments to Healthcnxt
Organizers are responsible for paying subscription and any other applicable fees to Healthcnxt on time and through our approved payment methods. Organizers who allow their subscription to lapse are subject to removal as the organizer of the Healthcnxt groups associated with their account, and their Healthcnxt gropu (along with all of the information and Content associated with or posted to that Healthcnxt group) may be terminated or transferred toa nother member. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refuned any organizer subscription fees paid to Healthcnxt. You represent and warrant that you are authorized to use payment methods with organizers.
3.4 Automatic Subscription Renewalst
Fees for certain aspects of our Platform may be billed on either a recurring basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no reguns. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or toher aspect of our Platform for which we charge, you authorize us to keep your payment current by charging your credit card account. While you may cancel auto-renewal or cancel your subscription at any time, you won't be issues a refund except in our sole discretion.
4 Your Content and Privacy
Summary: You are repsonsible for the Content you post on our Platform. You give us a license to use this Content to operate, improve, promote, and protect Healthcnxt and our Platform. Our Privacy Policy explains how we collect and use information you provide about yourself and the information that may be associated with you, and explains the limited ways we may share this information.
4.1 Your content
You are solely responsible for your Content. We use the word "Content" to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, contract right, privacy right, or publicity rights), this Agreement (including our Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, and Intellectual Property Policies).
4.2 Content License from You
We do not claim ownership of your Content. However, to enable us to operate, improve, and protect Hleathcnxt and our Platform, and to ensure we do not violate any rights yous you may have in your Content, you hereby grant Healthcnxt a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, publicity, and database rights you have in your Content.
4.3 Privacy
Healthcnxt collects registration and other information about you through our Platform. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use and disclose this informationl These policies do not govern use of information you provide to third parties, such as other members of the Healthcnxt Platform.
5. Your Use of Our Platform
Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform.
5.1 Our Policies, Guidelines and Applicable Laws
When you use our Platform, we require that you follow the usage and policy guidelines in our info section. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the right of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.
5.2 Content of Others
Healthcnxt does not control the Content of other members. When we become aware fo inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responbility for, the Content of other members.
5.3 Interactions with Others
Healthcnxt is not a party to any offline arrangements made through our Platform. HEalthcnxt does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. Healthcnxt makes no representations or warranties concerning the conduct or Content of any members of their interactions with you.
5.4 No Resale
Our Platform contains proprietary and confidential information is proteted by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute and part of our Platform, including any data, or Content of others. If you are a developer, we currently do not have an API for use at this time.
5.5 No Technical Interference with the Platform
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
5.6 Platform Modifications
We work hard to continously imrpove our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
5.7 Third Party Sites and Services
The Platform contains links to third party sites, and it integrated with various third party services, applications and sites and may make available to you their content and products.
6. Release
Summary: You agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Healthcnxt group or Healthcnxt event. You also agree not to hold organizers repsonsible for thier negligence in connectino with their Content, a Healthcnxt group, or Healthcnxt event.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this AGreement as "Healthcnxt Parties") from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as "Claims"), arising out of or in any way connected with a Healthcnxt Group on an organizer's negligence arising out of or in any way connected with their Content, a Healthcnxt group, or a Healthcnxt event. You further waive any and all right and benefits otherwise conferred by any statutory or non-statutory law of any jurisdictino that would purport to limit the scope of a release or waiver. You waive and relinquish all right and benefits that you have or may have under section 1542 of the California Civil Code or any similar provision of statutory law of any other jurisdiction to the fullest extent permitted by law.
7. Indemnification
Summary: You agree to reimburse us if we get sued in connection with your use of our Plaform.
You agree to indemnify, defend andhold all Healthcnxt Parties harmless form any Claims, made by any third party due to or arising our of (a) your violations of this Agreement, (b) your use misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Healthcnxt group or a Healthcnxt event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Healthcnxt Parties in defending such Claims (including, but not limited to, attorney's fees). You agree not to settle any Claim without our prior written consent.
8. Warranty Disclaimer and Limitation of Liability
Summary: Our Platform is provided to you "as is" and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.
8.1 Warranty Disclaimer
Our Platform is provided to you "as is" and on an "as available" basis. We disclaim all warranties and condition of any kind including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our PLatform, (b) any information, advice, services, or good obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, (d) the correction of any errors in the Platform, (e) any material or data obtained throught he use of our Platfor, and (f) dealings with or as the result of the presence of marketing partners or orther third parties on or located through the Platform.
8.2 Limitation of Liability
You agreet hat in no event shall any HEalthcnxt parties be liable for any direct, indirect, incidental, special, or consequential damanages, includign but not limited to, damages for loss of profits, goodwill, use, data, or other intagnible losses(even if any Healthcnxt Parties have been advised of the possibility os such damages arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the PLatform, (c) your use of our PLatform or transportation to or from Healthcnxt events, attendace at a Healthcnxt event, participation in or exclusion from HEalthcnxt groups or Healthcnt events and the actions of you or other at Healthcnxt events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater ot $100 or the amound of fees, if any, you paid to us in the 12 months prior the action that may give rise to liability. The Limitations set forth above in Section 8 will not limit or excluse liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
9 Dispute Resolution
Summary: If you have a dispute with Healthcnxt, you agree to try to work it out directly with us first. If we can't work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. Healthcnxt has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.
9.1 Informal Resolution
Before making any claim, you and Healthcnxt agree to try to resolve any disputes through good faith discussion. We use the term "claim" in this Section 9 to mean any dispute, claim or controversy arising our of or relation to your use of our Platform or this Agreement, including your participation in Healthcnxt events. You or Healthcnxt may initiate this process by sending written notice describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initla notice, you or Healthcnxt may bring a claiim in accordance with Section 9.2.
9.2 Arbitration Agreement
Except as forth in Section 9.5, you agree to submit any claim to JAMS, inc., or its successor, ("JAMES") for final and bindding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Healthcnxt are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Healthcnxt.
9.3 Arbitration Time for Filing
Any claim subject to arbitration must be filed within one year after the date the party asseting the claim first knows or hsould know of the act, omission or defulat giving rise to the claim, or the shortest time period permitted by applicable law.
9.4 Arbitration Procedures
Either party may commence arbitration by filing a writeen demand for arbitration with JAMS, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS streamlined Arbitration Rules and Procedures and any other applicable rules that JAMES requires ("JAMS Rules") in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcecment of these arbitration provisions. Any arbitration hearings will take play in San Diego County or elsewhere required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including attorney's fees tot he prevailing party, except that the arbitrator shall not award declatory or injunctive relief benefiting anyone but parties to the arbitration. Judgement upont he award rendered by such arbitrator may be entered in any court of competent jurisdiction.
9.5 Exceptions
You or Healthcnxt may assert claims, if they qualify, in small claims court in San Diego or any U.S. county where you live or work. You or Healthcnxt may seek injunctive relief from a court of competent jurisdiction in San Diego County as necessary to protect intellectual property rights of you or Healthcnxt pending the completion of arbitration. Healthcnxt may take action in court or arbitration to collect any fees or recover damages for, or to seek injuctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Healthcnxt's right to modify, suspend or terminate your account or access to our Platform.
9.6 Arbitration Opt Out
You may decline to resolve disputes through arbitration by emailing us at support@healthcnxt.com within 30 days of the day you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to you HEalthcnxt account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process then Section 9.2, 9.3, and 9.4 of this Agreement do not apply to you. this opt-out does not affect any other section of this Agreement such as 9.5 (Exceptions), 9.7 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum, and 11.8 (Time for Filing).
9.7 Class Action Waiver
You agree to resolve disputes with Healthcnxt on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations
10. Intellectual Property
Summary: Don't infringe on anyone's intellectual proeprty. If you believe your intellectual property is being infringed somewhere on the HEalthcnxt Platform, please follow the procedures in our Intellectual Property Dispute Policies.
10.1 Intelllectual Property of Healthcnxt
Healthcnxt, logos, service marks, and service names are the intellectual property of Healthcnxt. Our Platform, including our material on the Platform, are also our licesnors' intellectual property. You agree not to use our intellectual property without our prior written consent.
10.2 Intelllectual Property of Others
Healthcnxt respects the intellectual property of others, and we expect our members to do the same. we may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our PLatform to those who believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
11. Other Stuff
Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
11.1 Notices
Except as otherwise stated in this Agreement or as expressly required by law, any notice shall be given by email to support@healthcnxt.com. Any notice to you shall be given to the most current email address in your account.
11.2 Entire Agreement
This Agreement, including the Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Usage Guidelines, constitutes the entire agreement between you and Healthcnxt, superseding any prior agreement between you and HEalthcnxt on such subject matter.
11.3 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Healthcnxt is intended or created by this Agreement. A member of the Healthcnxt Platform is not Healthcnxt's representative or agent, and may not enter into an agreement on Healthcnxt's behalf.
11.4 Governing Law
This agreement and the relationship between you and Healthcnxt shall be governed by the laws of the State of San Diego without regard to its confilct of laws provisions, except as set forth in Section 9.
11.5 Judicial Forum
If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9, you and Healthcnxt agree that any judicial proceedings (other than small claims actions) must be btrought exclusively in the federal or state courts located in San Diego County, and you and Healthcnxt agree to venue and personal jurisdiction in those courts.
11.6 Time for Filing
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest period permitted by applicable law.
11.7 Assignment
This Agreement is not assignable, transferable or sublicensable by you except with Healthcnxt's prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sal of all or substantially all of Healtcnxt's assets, or similar transaction.
11.8 No Waiver
A party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
11.9 Severance
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Healthcnxt nevertheless agree that the court should endeavor to give effect to the parties' intenttions as reflected in the provision, and that other provisions of this Agreement will remain in full force and effect.
11.10 Termination
If we terminate your account or access to our Platform, this Agreement terminates wtih respect to the member account that been terminated. However, certain provisions of this Agreement that by their nature survive termination shall survive termination.
11.11 Violations
Please report any violations of this Agreement by a member or third party by sending an email to support@healthcnxt.com

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