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Terms of Use

Legal Terms of Use

Last Modified: 12/12/2024

The following Terms of Use (“Terms of Use” or “these Terms”), provided by Coupe Health, LLC (“Coupe Health”, “we”, “our”, “us” or “it”), govern and apply to your use of coupehealth.com and any other website or application where these Terms are posted (each, a “Site”). By accessing and using the Site or any portion of the Site, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with the Terms of Use, you are not authorized to access or use the Site for any purpose. By accessing or using the Site, you confirm that you have read, understand, and acknowledge the Privacy Statement. The Privacy Statement describes how your personal information is collected, used and disclosed, and your rights in relation to such information. The Privacy Statement is hereby incorporated by reference into these Terms of Use.

From time to time, we may, in our sole discretion, modify these Terms of Use, as indicated by the “Last Modified” date at the top of these Terms. It is important that you check the Terms every time you use the Site. Your use of any Coupe Health Site after the Terms have been updated indicates your acceptance of such updated version.

Acceptable Use

Coupe Health grants you a limited, non-exclusive, non-transferable, revocable right to utilize and access the Site in a manner consistent with these Terms of Use for your personal, non-commercial use. You are solely responsible for maintaining the confidentiality of any log-in credentials (i.e., user name and password) that may be needed to access a particular Site and all activities that occur using your user name.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or its telecommunications services, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material or data on the Site.
  • Use any manual process to monitor or copy any of the material or data on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  • Use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others.
  • Impersonate anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Display advertising or commercial content.

Coupe Health may change or discontinue, temporarily or permanently, any feature or component of the Site at any time without further notice. You agree that Coupe Health shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of the Site. Coupe Health will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site, or the entire Site.

Full use of the Site requires Internet access and may be affected by the performance of such access. You are responsible for making all arrangements necessary for you to have access to the Site including up-to-date, compatible hardware and software. Some features of the Site may not be accessible or may not work as intended on all devices based on the compatibility of device hardware or software.

Access to some Sites may require you to provide certain registration details and other information. You represent that the information that you provide about yourself as requested in the account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Coupe Health with your current email address, so that you may receive notifications and other account-related communications. Registration Data is handled in accordance with the terms of the Privacy Statement.

Coupe Health has 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 opinion, you have violated any provision of these Terms of Use.

Minimum Age Requirements

You represent and warrant that you are at least 13 years of age, and that, if you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian consents to these Terms on your behalf. Coupe Health reserves the right to confirm such consent at any time and to discontinue your use of the Sites should such consent not be granted.

Content Ownership

The Site 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 Coupe Health, 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. You may not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any part of the Site except as necessary to use or view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your use. All rights in the Site content not expressly granted to you by Coupe Health are retained by Coupe Health and its licensors.

The Coupe Health name and all related names, logos, product and service names, designs and slogans are trademarks of Coupe Health or its affiliates or licensors. You must not use such marks without the prior written permission of Coupe Health. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

If you violate any of these Terms of Use, our permission to you to use the Site automatically terminates.

Coupe Health welcomes your feedback and reviews of Coupe Health, and may request your feedback or review of our service or our service providers through surveys, bulletin boards, emails or other means. Any feedback or reviews you provide will become the proprietary information of Coupe Health. You understand and agree that Coupe Health may use, in any manner and without limitation, all comments, suggestions, complaints, reviews and other feedback you provide relating to Coupe Health. Coupe Health shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use, reproduce, delete, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform information contained in such feedback or review for any purpose, whatsoever, throughout the world in any media, now known, or hereafter devised, including but not limited to, incorporation of such feedback into Coupe Health or other Coupe Health software or services. In addition, you further agree that Coupe Health retains the absolute right and sole discretion to publish, post, display, remove, screen, edit, or reinstate your feedback or review without notice to you.

No Warranties; Disclaimer of liability

You are responsible for any acts or omissions relating to your use of the site and for any damages incurred as a result thereof. The site is provided to you “as is” and “as available” without warranty of any kind. We do not, and our suppliers do not represent or warrant that the site, its content or any services or items obtained through the site 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 site or any services or items obtained through the site will otherwise meet your needs or expectations. We and our suppliers each disclaim, to the extent permitted by law, all warranties, express and implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

To the fullest extent permitted by law, we disclaim on behalf of us and our suppliers, all responsibility for any damages arising out of your use of, or inability to use, the site or content or data available on or through the site, 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.

If you are dissatisfied with the site or with these terms, your sole and exclusive remedy against Coupe Health, its partners, affiliates, service providers, licensors and its and their respective officers, directors, employees, contractors, agents, successors and assigns, is to discontinue using the site.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction and the duration and scope of such disclaimers and limitations will be the minimum permitted under applicable law. You may also have other legal rights that vary from jurisdiction to jurisdiction.

Indemnification

You agree to indemnify, defend and hold harmless Coupe Health, its shareholders, affiliates, third-party software suppliers and other third-party licensors and suppliers, and their respective directors, officers, employees and agents from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from your violation of these Terms of Use your misuse of a Site, or your violation of the rights of another person or entity.

Accuracy of information

Efforts have been made to provide accurate information on this Site. Coupe Health assumes no responsibility for the accuracy, completeness, or usefulness of any information found on this Site. Coupe Health may make improvements and/or changes in the products, programs and/or services described in this Site at any time without notice. Coupe Health assumes no obligation to update the information presented on this Site.

Medical & Professional Advice

This Site is designed to provide general information about Coupe Health and its affiliates and their respective products and services only. The Site does not provide medical advice. No material contained herein nor interactions with the Site should be construed as medical or professional advice, and all questions about individual care and treatment should be referred to your healthcare provider.

Do not use any interactions with the site, as a substitute for the advice and counsel of a physician or other qualified health care provider. If you believe you are experiencing some type of medical condition or emergency, please contact an emergency responder or your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription. Do not delay receiving treatment for any health or medical issues due to any content or information found on the Site.

Coverage Determinations

Coupe Health may provide assistance via the Site to help you understand your healthcare coverage and out-of-pocket costs. Any statements, estimations, interpretations, guidance or opinions provided by Coupe Health regarding healthcare coverage and/or out-of-pocket costs are provided to assist you with your healthcare decision-making and are based on available information regarding your plan, as well as information you provide to Coupe Health. Coverage is subject to your plan terms, including exclusions and limitations. If there are any differences between the information on the Site and your official plan documents, the terms of the plan documents will control.

HIPAA

In order for the Site to function properly, it may require access to your protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”). By using the Site, you agree that we may collect, store, access, and transfer your PHI in order to facilitate Coupe Health’s services via the Site. You agree that we may transfer your PHI to third parties to fulfill any services that you request. Your PHI will be used and disclosed in accordance with our Privacy Policy.

Electronic Communications

The communications between you and Coupe Health use electronic means, whether you visit the Site or send Coupe Health e-mails, or whether Coupe Health posts notices on the Site or communicates with you via e-mail, short message service (“SMS”) or mobile notifications (“Push Notifications”). For contractual purposes, you (1) consent to receive communications from Coupe Health in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Coupe Health provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Electronic communication frequency varies. Replying STOP to SMS communications will stop all SMS communications. Replying HELP to SMS communications will direct you to a web page with various resources. Carriers are not liable for delayed or undelivered messages.

Data Rates

You will be able to access the Site through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. Coupe Health cannot be responsible for any fees charged by your data or cellphone carrier.

Third Party App Store Requirements

This Agreement is entered solely into between you and Coupe Health, owner and operator of the Site. Although our Site may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to these Terms and shall have no obligations with respect to the Site. Coupe Health is solely responsible for the Site and the content thereof as set forth hereunder. However, Google and Apple are third-party beneficiaries of this Agreement. Upon your acceptance of these Terms, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms of Use incorporate by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and these Terms of Use, these Terms of Use shall control.

Disclaimer of Endorsement

References in this Site to any third-party products, services, processes, hypertext links to third-parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Coupe Health. Links to other sites on the web are provided for your convenience in locating health-related information and services, and these sites are maintained by other organizations over which Coupe Health exercises no control. Coupe Health expressly disclaims any responsibility for the content, accuracy of the information and/or quality of the products or services provided by or advertised on these third-party websites.

This Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make forums, message boards and news groups available to you. Please understand that any information that is disclosed in these areas could become public information. We have no control over its use and you should exercise caution when deciding to disclose any personal information.

General Terms

By accessing, transmitting or viewing any information on this Site, you agree to be subject to personal jurisdiction in the state of Minnesota. Any claim or dispute arising out of accessing, transmitting or viewing any information on this Site shall be venued in Hennepin County, Minnesota, and governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflict of laws principles. Coupe Health’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Coupe Health in writing. These Terms of Use constitute the entire agreement between you and Coupe Health with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements.

Complete Terms

These Terms of Use along with the Privacy Policy and any other additional agreements provided by Coupe Health constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.

Contact Us

These Terms of Use are a legal agreement between you and Coupe Health. If you have questions or concerns regarding the terms of these Terms, please contact us by telephone at 800-936-0865 or write us at PO Box 64560, St. Paul, MN 55164-0560.

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