Last Modified: 01/01/2019
and Cortex Health Inc. ("Company", "we", or "us"). The following terms and
conditions (these "Terms of
Use"), govern your access to and use of
www.cortexhc.com, including any content, functionality, and services
offered on or through www.cortexhc.com (the "Website"), whether as a guest
or a registered user.
to use the Website.
By using the Website [or by clicking to accept or
you accept and agree to be bound and abide by these Terms of
This Website is offered and available to users who are 18
years of age or older, and reside in the United States or any of its
territories or possessions. By using this Website, you represent and
warrant that you are of legal age to form a binding contract with the
Company and meet all of the foregoing eligibility requirements. If you
do not meet all of these requirements, you must not access or use the
time in our sole discretion. All changes are effective immediately when
we post them, and apply to all access to and use of the Website
thereafter. However, any changes to the dispute resolution provisions
set out in Governing Law and
Jurisdiction will not apply to any disputes
for which the parties have actual notice on or before the date the
change is posted on the Website.
Your continued use of the Website following the posting
You are expected to check this page from time to time so you are aware
of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website,
and any service or material we provide on the Website, in our sole
discretion without notice. We will not be liable if for any reason all
or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website,
or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers,
you may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and
complete. You agree that all information you provide to register with
this Website or otherwise, including but not limited to through the use
of any interactive features on the Website, is governed by our
you consent to all actions we take with respect to your information
If you choose, or are provided with, a user name,
password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you
must not disclose it to any other person or entity. You also acknowledge
that your account is personal to you and agree not to provide any other
person with access to this Website or portions of it using your user
name, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or
password or any other breach of security. You also agree to ensure that
you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or
other personal information.
We have the right to disable any user name, password, or
other identifier, whether chosen by you or provided by us, at any time
in our sole discretion for any or no reason, including if, in our
The Website and its entire contents, features, and
functionality (including but not limited to all information, software,
text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other
providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
personal, non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our
Website, except as follows:
You must not:
You must not access or use for any commercial purposes
any part of the Website or any services or materials available through
If you wish to make any use of material on the Website
other than that set out in this section, please address your request to:
If you print, copy, modify, download, or otherwise use or
provide any other person with access to any part of the Website in
immediately and you must, at our option, return or destroy any copies of
the materials you have made. No right, title, or interest in or to the
Website or any content on the Website is transferred to you, and all
rights not expressly granted are reserved by the Company. Any use of the
The Company name, the terms CheckUp, Readmission Manager, Network
Manager, Cortex AI, the Company logo, and
related names, logos, product and service names, designs, and slogans
are trademarks of the Company or its affiliates or licensors. You must
not use such marks without the prior written permission of the Company.
All other names, logos, product and service names, designs,
and slogans on this Website are the trademarks of their
You may use the Website only for lawful purposes and in
Additionally, you agree not to:
The Website may contain message boards, personal web
pages or profiles, forums, bulletin boards, and
other interactive features (collectively, "Interactive Services") that
allow users to post, submit, publish, display, or transmit to other
users or other persons (hereinafter, "post") content or materials
Contributions") on or through the
All User Contributions must comply with the Content
Any User Contribution you post to the site will be
considered non-confidential and non-proprietary. By providing any User
Contribution on the Website, you grant us and our affiliates and service
providers, and each of their and our respective licensees, successors,
and assigns the right to use, reproduce, modify, perform, display,
distribute, and otherwise disclose to third parties any such material
for any purpose/according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible
for any User Contributions you submit or contribute, and you, not the
Company, have full responsibility for such content, including its
legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for
the content or accuracy of any User Contributions posted by you or any
other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to
cooperate fully with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Website. YOU WAIVE AND
HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE
COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE
OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
However, we do not undertake to review all material
before it is posted on the Website, and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume
no liability for any action or inaction regarding transmissions,
communications, or content provided by any user or third party. We have
no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section.
These content standards apply to any and all User
Contributions and use of Interactive Services. User Contributions must
in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User
Contributions must not:
If you believe that any User Contributions violate your
copyright, please see our Copyright
Policy https://www.cortexhc.com/privacy for
instructions on sending us
a notice of copyright infringement. It is the policy of the Company to
terminate the user accounts of repeat infringers.
The information presented on or through the Website is
made available solely for general information purposes. We do not
warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Website, or
by anyone who may be informed of any of its contents.
This Website may include content provided by third
parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting
services. All statements and/or opinions expressed in these materials,
and all articles and responses to questions and other content, other
than the content provided by the Company, are solely the opinions and
the responsibility of the person or entity providing those materials.
These materials do not necessarily reflect the opinion of the Company.
We are not responsible, or liable to you or any third party, for the
content or accuracy of any materials provided by any third
We may update the content on this Website from time to
time, but its content is not necessarily complete or up-to-date. Any of
the material on the Website may be out of date at any given time, and we
are under no obligation to update such material.
All information we collect on
using the Website, you consent to all actions taken by us
All purchases through our site or other transactions for
the sale of goods, services or information formed through the Website or
resulting from visits made by you are governed by our Terms of
Sale, which are
Additional terms and conditions may also apply to
specific portions, services, or features of the Website. All such
additional terms and conditions are hereby incorporated by this
You may link to our homepage, provided you do so in a way
that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part
without our express written consent.
This Website may provide certain social media features
that enable you to:
You may use these features solely as they are provided by
us, and solely with respect to the content they are displayed with.
Subject to the foregoing, you
The website from which you are linking, or on which you
make certain content accessible, must comply in all respects with the
You agree to cooperate with us in causing any
unauthorized framing or linking immediately to stop. We reserve the
right to withdraw linking permission without notice.
We may disable all or any social media features and any
links at any time without notice in our discretion.
If the Website contains links to other sites and
resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control
over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party
websites linked to this Website, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Utah in
the United States. We provide this Website for use only by persons
located in the United States. We make no claims that the Website or any
of its content is accessible or appropriate outside of the United
States. Access to the Website may not be legal by certain persons or in
certain countries. If you access the Website from outside the United
States, you do so on your own initiative and are responsible for
compliance with local laws.
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the
Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external
to our site for any reconstruction of any lost data. TO THE FULLEST
EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH
THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL
THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the
Company, its affiliates, licensors, and service providers, and its and
their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys' fees) arising out
the Website, including, but not limited to, your User Contributions, any
use of the Website's content, services, and products other than as
information obtained from the Website.
All matters relating to the Website and these Terms of
Use and any dispute or claim arising therefrom or related thereto (in
each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the
State of Utah without giving effect to any choice or conflict of law
provision or rule (whether of the State of Utah or any other
Any legal suit, action, or proceeding arising out of, or
exclusively in the federal courts of the United States or the courts of
the State of Utah although we retain the right to bring any suit,
your country of residence or any other relevant country. You waive any
and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
At Company's sole discretion, it may require You to
Website, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination,
to final and binding arbitration under the Rules of Arbitration of the
American Arbitration Association applying Utah law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH
CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out
such term or condition or a waiver of any other term or condition, and
any failure of the Company to assert a right or provision under these
or other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the
sole and entire agreement between you and Cortex Health Inc. regarding
the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral,
regarding the Website.
This website is operated by Cortex Health Inc. 3300 N Running Creek Way,
Suite G200, Lehi, UT 84043-5563.
All notices of copyright infringement claims should be
sent to the copyright agent
at email@example.com in the manner and by the means set out
All other feedback, comments, requests for technical
support, and other communications relating to the Website should be
directed to: firstname.lastname@example.org.