Terms and Conditions
Last Updated: October 29, 2018
By accessing or using the website located at CoFundHealth.com (the “Site” or the “Platform”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. After reviewing these Terms, please indicate your acceptance by providing information regarding yourself, checking the box, and clicking the “I Agree” button, all at the bottom of these Terms.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Site by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.
2. The CoFund Health Platform
CoFund Health provides services (“Services”) through our Platform to support healthcare cost support campaigns (“Campaign(s)”) initiated by campaign creators (“Creators”) or beneficiaries of campaign whether individual or family members (“Beneficiary-(ies)”). The Platform serves as a conduit for Campaigns to gather monetary contributions (“Donations”) from contributors (“Donors”) that may or may not chose to be known to the Beneficiary. The Donations are to be solely used for valid healthcare costs for prescription medications, health insurance premiums, doctor visit copays, clinical services, or hospital stays (“Healthcare Cost”) via payment vehicles supported by CoFund Health (“Payments”). These Services are provided to registered account holders and unregistered users (collectively “Users”) viewing the Site and interacting with Campaigns in any way. Although there are no fees to create or promote a campaign, industry-standard fees may be applied to all contributions in exchange for business support activities including, but not limited to, payment processing fees, provided by CoFund Health and its affiliates. For more information about applicable fees see our FAQs.
3. Registration and Personal Data
In order to access and use certain areas or features of the Site, whether you are a Creator, Beneficiary or Donor, you will need to register for an account. By creating an account, you agree (a) to provide accurate, current and complete account information, (b) that you are authorized to provide the information required for registration, (c) to maintain and promptly update, as necessary, your account information, (d) to maintain the security of your account credentials, (e) to be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (f) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. Any changes to your registration information may be made by updating your user profile on the site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site. CoFund Health is not responsible for loss of Donations or other damage that may occur due to Users failure to secure credentials.
Where CoFund Health has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, we may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.
By creating an account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Taxes & Tax status (not a charitable organization)
Neither CoFund Health nor the Platform or related services comply with federal or state statutes as a charitable organization. Your donations and acceptance of donations are not tax deductible. Campaigns are designed to support individual, family, or affiliated groups of individuals and not not-for-profit organizations.
5. User Credential Security
Users of the Platform may be required to register to access specific Services provided by CoFund Health. During registration for Services, Users establish login credentials including an email and password combination to maintain site access security. Users are solely responsible for activity that happen within their account when logged in. Additionally, Users are responsible for safeguarding the secrecy of login credentials to prevent misuse by unintended or unauthorized users. CoFund Health is not responsible for loss of Donations or other damage that may occur due to Users failure to secure credentials. If a User feels that credentials may have been compromised, they should immediately change their password through the Lost Password process.
6. User Content
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site, including within a Campaign.
In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
• Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
• Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; and
• Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
If you are Beneficiary accepting a Creator’s Campaign, you agree that you are fully responsible for the User Content in the Campaign and any Transmission of the User Content. Beneficiaries owning Campaigns that include other family members are attesting that they have the authorization to share health information about those family members.
7. Rights in User Content
We do not claim any ownership interest in your User Content.
You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of CoFund Health, its customers or the public.
8. Responsibility for Campaign; Campaign Violation of Terms
Although CoFund Health may make available sample Campaign templates, Campaign Creators and Beneficiaries are solely responsible for the title, purpose, pictures, goals, descriptions, comments, and social media presence within your Campaign. CoFund Health may require your cooperation in requests for information regarding misuse of Platform or Services to ensure compliance with these Terms.
If we believe a Campaign is violating these Terms, CoFund Health may at its discretion place a hold on Payments available from Donations, as well as suspend, cancel, or take possession of a Campaign until we deem the situation as reaching appropriate conclusion. CoFund Health may use all legal means to investigate Campaign activity for compliance with these Terms as well as cooperate with investigations by local, state, or federal authorities. The following is a non-exhaustive list of Campaign User Content or Service use that CoFund Health deems inappropriate and potentially illegal use of the Platform.
• Any use of Platform or Services that violate local, state, or federal laws
• Campaigns that intentionally use false, misleading, fraudulent, offensive, or dishonest content in the Campaign description, photos, or updates
• Campaigns created for anyone under the age of 18 years old without the permission of a parent or legal guardian
• Campaigns offering in-kind rewards to Donors for Donations
• Use of Services to obtain prescription pharmaceuticals and controlled substances without a valid prescription provided by a federally licensed healthcare provider
• Use of Platform or Services to obtain medical or recreational marijuana
• Campaigns designed to promote a following or create a support list for a person or cause for reasons other than supporting for Beneficiary’s healthcare cost support needs
• Use of Services to pay for fees from a doctor, nurse, dentist, physician’s assistant, clinic, hospital, treatment facility, pharmacy, or insurance provider that are not covered by pharmaceutical, clinical service, or health insurance
• Campaigns designed to or operating in such a way that CoFund Health in its sole discretion deems as money laundering in any way
• Campaigns receiving Donations intentionally to facilitate chargeback processing schemes
• Any other Campaign behavior that CoFund Health deems in its sole discretion as unacceptable and at odds with our mission
Campaign content, links to Platform, and promotional references to such by any User outside of the CoFund Health Site remain the property of CoFund Health including, but not limited to, social media service providers, personal or professional blogs, independent websites, public-domain marketing, or offline advertising means. Users acknowledge that CoFund Health may require a cease and desist of the use of any content found that misrepresents the Platform or Services in any way and may suspend Users further access to the Platform or Services and/or take necessary legal actions.
9. Prohibition on Prizes, Contests and Sweepstakes
Users may not sponsor any contest, promotional give-away, kickback, prize, lottery, sweepstakes, in-kind donation, or reward of any kind intended to drive donation activity to any Campaign.
10. One Active Campaign Per Beneficiary
Campaign Creators and Beneficiaries may only create and maintain one (1) Campaign per Beneficiary at a time. A Beneficiary may include multiple family members.
11. Accessing Campaign Funds
a. CoFund Health is not insurance
Services provided by CoFund Health are not insurance and are provided solely for the convenience of the Beneficiary to use only for valid healthcare cost support needs and provide assurances as such to Campaign Donors. Campaign funds may only be used in the United States of America.
b. Usage with and without insurance
Services may be used by Beneficiary with or without other forms of healthcare payment instruments such as medical or pharmacy benefit insurance or other forms of self-pay. Beneficiaries may use Payments to cover their own Healthcare Costs in conjunction with private insurance, Medicare, Medicaid, Tricare, Indian Health Benefits, pharmaceutical manufacturer-sponsored copay cards, drug discount cards, health savings account (HSA), flexible spending account (FSA), or other payment vehicle.
c. Pharmacy claim requires valid prescription from licensed healthcare provider
Using Payments for Healthcare Costs require compliance with all local and federal laws, Beneficiary’s health insurer policies, and healthcare practitioner decisions that regulate treatments, therapies, referrals, and prescriptions including the requirement for a valid prescription for dispensing prescription medication from a licensed pharmacy. Beneficiaries may be limited as to what prescription products may be purchased with Payments.
d. Individual rates negotiated elsewhere
CoFund Health maintains no control over the negotiated contractual rates for individual or bunded services or products provided by a healthcare provider, facility, pharmacy, or other industry payer. Where possible, CoFund Health will endeavor to assist with fair cost controls, but is under no obligation to research, lobby, negotiate, or otherwise interfere with any industry’s pricing processes.
e. Comply with record-keeping
As CoFund Health is only the provider of a Platform and not a charitable organization, we are not required to provide documentation to Creators, Beneficiaries, state authorities or the IRS for tax reporting purposes. Creators and Beneficiaries are solely responsible for tracking their Donation activity and self-reporting to the tax regulators as current law may dictate.
f. Comply with audit
Beneficiaries attest that they may be required to provide reasonable documentation of Donations received and Payments to support statutory, regulatory, or investigation needs required by internal or external audit of CoFund Health.
12. Donating to a Campaign
a. Represent lawful ability to donate
Donors contributing to Campaigns warrant that they are an authorized user of the method of payment submitted through Platform and are authorized to spend the amount of Donation. As a Donor, you agree that CoFund Health may require a minimum Donation amount and may withhold industry comparable service fees from your Donation.
b. Recurring donation responsibilities
When submitting a Donation through the Platform, Donors may elect to make their Donation a one-time or recurring Donation. In electing for a recurring Donation, Donor is agreeing to the ongoing collection of the Donation by Campaign until the Donor elects through the Platform to terminate future instances of the recurring Donation. By selecting a recurring Donation, Donor warrants the continued authority to use the payment vehicle submitted throughout the term of the recurrence until the Donor’s election to terminate the donation. Donor is responsible to update expiring payment vehicle information through Platform. If a payment vehicle expires before being updated, CoFund Health may attempt to contact Donor via mail, phone, email, or SMS text message to remind the Donor of the expiration. Donor may elect to let the recurring Donation expire and renew the Donation through the Platform on the Campaign’s page. Failure to cancel the recurring Donation reaffirms CoFund Health’s authorization to bill the Donor’s payment vehicle for the next installment of the recurring Donation.
c. Donation at own risk
All Donations to a Campaign through the Platform are made at the sole discretion of the Donor and the Donor agrees to not hold CoFund Health liable for use of Donations for reasons not intended by the Donor. The Donor is responsible for determining the validity and need associated with each Campaign to which he or she wish to make a Donation. All Donations are final and nonrefundable unless CoFund Health, in its sole discretion agrees to issue a refund. Through our Services we intend to ensure, but cannot fully guarantee, that Donations are made only though Payments for valid Healthcare Costs. We take fraudulent or intentional misuse of Donations seriously and encourage Donors and all users to report misuse to CoFund Health via email at email@example.com.
d. Comply with record-keeping
As CoFund Health is only the provider of a Platform and not a charitable organization, we are not required to provide documentation to Donors, state authorities or the IRS for tax reporting purposes. Donors are solely responsible for tracking their Donation activity and self-reporting to the tax regulators as current law may dictate.
e. Comply with audit
Donors attest that they may be required to provide reasonable documentation of Donations to support statutory, regulatory, or investigation needs required by internal or external audit of CoFund Health.
13. CoFund Health’s rights as a platform provider
a. Modify Platform and Services
As the provider of Platform and Services, CoFund Health reserves the right to add, modify, suspend, discontinue any or all Services provided as well as change any feature, workflow, content, or access within the Platform (collectively “Changes”). We will endeavor to give early and adequate notice to Users prior to any Changes. To the extent that the law allows, CoFund Health is not liable to any Users for any inconvenience caused by Changes.
b. Platform only (not broker and not party to the donation)
CoFund Health is a Platform and Services provider only and is not a broker, credit provider, financial services provider, money services business, creditor, or insurer. The Platform serves as the administrative tool to safely and effectively coordinate a donation from a Donor to a Beneficiary and facilitate the Beneficiary’s use of aggregated Donations via provided Payments for Healthcare Costs. CoFund Health is not responsible or required to fully verify or audit Campaign story details and disclaims, to the full extent possibly by law, all liability for false or fraudulent activity perpetrated by Creators, Beneficiaries, or Donors.
c. No guarantees of fundraising goals
As a provider only of the Platform and Services, CoFund Health does not guarantee that any Campaign will receive any contributions nor guarantee that any Campaign will reach any fundraising goal. Beneficiaries are ultimately responsible for the successful promotion of any Campaign and Donors are free to decide on the value of the need associated with any Campaign prior to contributing and Donation.
d. No guarantees of ability to share
CoFund Health does not guarantee the right or ability of any User to share any or all Campaign content via all electronic or physical means. We may, in our sole discretion, place limitations on the location, method, time, or durations that Campaign content may be shared.
e. Right to terminate campaign or User account
CoFund Health maintains the right to temporarily or permanently terminate any or all Campaigns as well as any or all User accounts when, in our sole discretion, Campaigns or Users willfully and repeatedly have violated these Terms of Service.
f. Right to refuse donation
CoFund Health may choose, at its sole discretion, to refuse and/or refund and/or retain any Donation made to any Campaign through the Platform based on suspected fraud, misrepresentation, illegal use, misuse, or other activities that violate these Terms of Service.
g. Right to place hold on payment vehicle usage
CoFund Health reserves the right to place a temporary or permanent hold on Payments related to individual Campaigns when, at our sole discretion, we believe any Donations have been made or received under false pretenses whether intentional or not that violated these Terms After concluding related investigations under no time-limited obligation, that may include investigation by state or federal authorities, CoFund Health may, but is not obligated to, refund to Donor, release to Beneficiary, or otherwise dispose of funds related to suspect Donations.
h. Right to donate funds in inactive Beneficiary account
A Beneficiary with an account that is inactive will receive a notification from us upon 60 and 90 day of inactivity that the funds within the account will be donated to a charitable organization of our choice if inactivity continue for a continuous 120 days. Upon 120 days of inactivity, a Beneficiary’s account will be terminated and all funds remaining in the account (less any applicable fees for services) shall be donated to a charitable organization chosen by CoFund Health.
14. Agreement with 3rdParty Terms of Service
By using the Platform provided by CoFund Health and the service partners we have selected to deliver related Services, you are also agreeing to comply with their terms of service and, if applicable, any fees associated with their payment support activities that are collected in addition to our service fees.
You shall indemnify, hold harmless, and, at CoFund Health’s option, defend CoFund Health from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by CoFund Health resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that CoFund Health shall have control of the defense or settlement of any third party claims, unless CoFund Health exercises its option to require you to defend CoFund Health. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CoFund Health.
THE SITE AND THE CONTENTARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COFUND HEALTH DOES NOTMAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, COFUND HEALTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
COFUND HEALTH DOESNOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. COFUND HEALTH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITEIS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. COFUND HEALTH DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COFUND HEALTH SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
17. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COFUND HEALTH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM COFUND HEALTH, OR FROM EVENTS BEYOND COFUND HEALTH’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COFUND HEALTH RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COFUND HEALTH ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO COFUND HEALTH FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE COFUND HEALTH’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
18. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COFUND HEALTH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND COFUND HEALTH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and CoFund Health agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. CoFund Health further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CoFund Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services.REGARDLESS OF THE FORUM, YOU AND COFUND HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CoFund Health agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
19. Modifications to the Site
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.
20. Special Admonitions for International Use
This Site is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
22. Governing Law and Jurisdiction
CoFund Health operates the Site from Delaware, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Delaware U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Delaware, shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts Delaware, U.S.A., or the United States District Court for the District of Delaware and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to CoFund Health at the following contact: firstname.lastname@example.org. Any notices to you may be made via either e-mail or postal mail to the address in CoFund Health’s records or via posting on the Site. Please report any violations of these Terms to CoFund Health at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
25. Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
CoFund Health’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Attn: Data Management
9650 Strickland Rd
Raleigh, NC 27615