User Agreement

Effective Date: 3.2021

The terms and conditions of this user agreement represent an Agreement between you (the user) and Cooperative Health (CH), owner and operator of the Cooperative Health app (“The App”) and www.cooperative.health (the “Website”). These terms and conditions apply any time you use the App and the Website.

Cooperative Health does not replace guidance from your doctor.

All information provided through the App and the Website is intended for informational and educational purposes only. CH is not a healthcare provider and does not offer medical advice. You should always talk with your doctor or qualified health care professional (HCP) when making medical decisions for yourself or for others if you are a caregiver. Call your doctor or dial 911 immediately if you are having a medical emergency.

Cooperative Health provides a private, member only App. You must be invited to join.

You must be invited to join by a physician that uses the App, and you must satisfy registration criteria in order to receive an account. Only approved users are permitted and authorized to access and use the App. Any violation of the invitation or registration process will result in permanent termination. Membership is currently only offered to those living in the United States of America.

Cooperative Health requires you to be 13 years old or older to use the App.

Children under 13 are not allowed to register for an account even if invited by an HCP. By registering, you confirm that you are 13 years old or older.

You agree to protect your member login information.

Do not share your password with anyone else. You are solely responsible for all activities associated to your account that occur within the App or Website with or without your knowledge. You agree to notify CH immediately of unauthorized use of your account or any other breach of security which may adversely affect the integrity of your account.

You agree to represent yourself accurately and honestly and to be respectful to other members. CH enables members to connect, communicate, and share information. You are responsible for your actions and any use of your account at all times when using the App and Website.

Members should not post or upload any information or content that:

Is untrue, inaccurate, or misleading
Is obscene or indecent
Infringes any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity of privacy of any party
Is defamatory, libelous, threatening, or abusive
Contains pornography
Contains political opinions
Includes bigotry, racist, hate, or profane speech
Interferes with another member’s use of the site including threatening, stalking, or harassing another user
Conducts activities that are illegal or violates the rights of others
Provides instructional information about illegal activities
Promotes harm or injury to any user or group

Additionally, caregivers who are workforce members of a Health Insurance Portability and Accountability Act (HIPAA) covered entity shall not use the App as a means to store, transmit, or receive protected health information as defined by HIPAA. CH is neither a HIPAA covered entity, nor a business associate of a HIPAA covered entity, and expressly disclaims any obligation or liability as to the privacy or security of any such information improperly stored on the APP.

Violating these terms may result in permanent termination of your account. CH may, but is not required to, remove any post or other information that violates these terms.

You agree to create content that is relevant and helpful to the Cooperative Health community. While CH does monitor user generated content, CH is not obligated to and does not pre-screen or review all content. CH is not responsible for member generated content. We ask our members to help us identify inappropriate or illegal content and content that violates our terms. We reserve the right to remove content for any reason, including but not limited to, any violation of our terms.

Users are content authors and own their posts, chats, images and any other content they create on and share within the App. CH and our affiliates have the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your content subject to our Privacy Notice found here.

You agree not to promote or sell goods and services for personal gain.

All information provided in the App and Website is intended for informational and educational purposes only. User generated content intended to promote or sell goods or services for personal gain is prohibited unless approved by CH in writing in advance of posting. Failure to comply will result in account termination.

You agree to protect the identity of other members and their information. You should not share the identity of any member or other potentially identifying information obtained on the App and Website without express consent of the individual. You can learn more by reviewing our Privacy Notice here.

You agree not to interfere with or damage the App or Website.

You may not use any outside technology to access the App or Website or that automatically creates or collects content. You may not post information or links that contain malware, viruses, ransomware, Trojan Horses, worms, time bombs, spiders, or other computer programming routines intended to damage, interfere with, or to download, read, or copy any data or personal information. You may not use the contact information provided by other members or collect information, by any means, about our members for use outside of the App.

We encourage users to use caution when opening external links, as they may contain malicious or inappropriate content, images, viruses, or other detrimental information which may cause damage to the App, the Website, and your device (such as a computer, phone, or tablet) and the data stored on your device. The use of external links, images, and other information in the App does not imply CH’s endorsement of or support for that content.

Miscellaneous Terms

You may not use Cooperative Health™ or the Cooperative Health logo without written permission from CH.

CH may assign this agreement at any time to another entity as part of a merger or sale. You may not assign or transfer this agreement.

Governing Law and Venue

You agree that any dispute or claim (including personal injury claims) related to your use of the App or Website is subject to the exclusive jurisdiction of Tennessee and will be adjudicated pursuant to the laws of the State of Tennessee, without respect to conflict of laws principles. By using the App or Website, you expressly consent to the personal jurisdiction of the courts in the State of Tennessee. If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court having competent jurisdiction, such a determination shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver by CH of any part of the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, or any other term or condition

Disclaimer of Warranties

BY USING THE APP AND WEBSITE, YOU ARE ACKNOWLEDGING YOUR UNDERSTANDING AND AGREEMENT THAT ANY CONTENT OR INFORMATION CONTAINED ON THE APP OR WEBSITE IS BEING PROVIDED ON AN “AS IS” BASIS. CH DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE CONTENT OF THE APP OR WEBSITE. WITHOUT LIMITING ANY OTHER DISCLAIMER, CH MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE APP OR WEBSITE. CH DOES NOT MAKE ANY REPRESENTATIONS OR ENDORSEMENTS WITH REGARD TO SERVICES, PRODUCTS OR ANY INFORMATION PROVIDED THROUGH THE APP OR WEBSITE. IN ADDITION, CH DOES NOT GUARANTEE THAT USE OF THE APP OR WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, GLITCHES, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR EXERCISING DUE CARE, IMPLEMENTING SUFFICIENT PROCEDURES, AND FOLLOWING SAFE COMPUTING AND BROWSING PRACTICES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA.

Limitation of Liability

THE USE OF THE APP AND WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL CH BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE APP OR WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP OR WEBSITE IS TO STOP USING THE APP AND WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP OR WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE STATES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; HOWEVER, THE REMAINDER OF THE TERMS AND CONDITIONS SHALL NOT BE INVALIDATED AND SHALL REMAIN IN EFFECT. ANY AND ALL CLAIMS SHALL BE MADE WITHIN ONE YEAR OF THE DATE OF USE FROM WHICH YOUR CLAIM ARISES.

Indemnification

You agree to indemnify and hold harmless CH against any damages, losses, liabilities, judgments, costs or expenses, including reasonable attorney’s fees and costs, arising out of any claim asserted by a third party relating to material, content or information you submitted or other actions taken by you on the APP or Website.

Terms and Conditions Modifications

CH reserves the right to modify this agreement at any time and without prior notice, by posting amendments to this agreement. You are bound to the most current version of the Agreement based on the published Effective Date.