PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR APPLICATION.
By using http://facebook.crossoverhealth.com, also known as the Facebook Health Center website (the “Website”) or the P38 Application (the “Application”), you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Website or Application.
Crossover Health Management Services, Inc. (“Crossover MSO”) is the owner of the Website and Application and may revise and update these Terms and Conditions at any time. Your continued usage of the Website or Application will mean you accept those changes.
The Website and Application Do Not Provide Medical Advice. Only Your Health Provider Can Provide Medical Advice
The contents of the Website or Application, such as scores, statistics, text, graphics, images, information, and other material contained or that may be contained on the Website (the “Content”) or Application are for informational purposes only. The Content alone is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Only the direct medical advice provided via the Website or Application to you by your health provider should be considered medical advice. Do not seek to ascertain medical advice from the Content alone. Always seek the advice of your health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen on the Website or Application that has not been provided directly to you by your health provider regarding your own care.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any Content without the express advice of your health provider is solely at your own risk.
Crossover MSO is committed to protecting your personal information. The Website and Application contain many of the same types of security features as other secure websites and applications such as banking websites, including: encryption, registration requirements, authorization, and password protection. The Website and Application have several tools that allow for the recording and storage of your information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your devices or passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform Crossover MSO 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 and Application. You grant Crossover MSO and all other persons or entities involved in the operation of the Website and Application the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and Application. Crossover MSO 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 and Application’s tools and services.
The use of the Website, the Application and the Content is at your own risk.
When using the Website and Application, while advanced technological safeguards are in place, information will be transmitted over a medium that may be beyond the control and jurisdiction of Crossover MSO and its affiliates. Accordingly, Crossover MSO 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 or Application.
The Website, the Application and the Content are provided on an “as is” basis. CROSSOVER MSO, ITS LICENSORS, AFFLIATIATES, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Crossover MSO, its licensors, affiliates and its suppliers make no representations or warranties about the following:
In no event shall Crossover MSO, its licensors, affiliates, its suppliers, or any third parties mentioned on the Website or Application be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website, the Application or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Crossover MSO, its licensors, its suppliers, or any third parties mentioned on the Website or Application are advised of the possibility of such damages. Crossover MSO, its licensors, affiliates, its suppliers, or any third parties mentioned on the Website and Application shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Crossover MSO, its licensors, its suppliers, or any third parties mentioned on the Website or Application are not liable for any personal injury, including death, caused by your use or misuse of the Website, the Application or the Content. Any claims arising in connection with your use of the Website, the Application or the Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Materials in the Website and Application are protected by international trademark and copyright laws. You may use the materials on this Website and Application for your personal, non-commercial purposes. You may not reproduce, duplicate, distribute (including by way of email, facsimile or other electronic means), publish, modify, copy or transmit material from the Website or Application unless you have obtained Crossover MSO’s prior written consent.
You agree not to use the Website or Application or any of their 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 or Application. Crossover MSO reserves the right to deny access to any part of the Website or Application at our sole discretion.
You agree to defend, indemnify, and hold Crossover MSO, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
You expressly agree that exclusive jurisdiction for any dispute with Crossover MSO, or in any way relating to your use of the Website or Application, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Crossover MSO or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions 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 and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions constitute the entire agreement between you and Crossover MSO with respect to the use of the Website, the Application and Content.