Terms of Use

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and MCC Health, PBC ("Company," "we," "us," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of costpluswellness.com (the "Website"). This Website is intended to assist employers and healthcare providers in contracting for the provision of healthcare services to employers' employees all within the United States ("Intended User"). This Website is not intended for consumer use. If you are not accessing this Website as an employer (or on behalf of an employer) or healthcare provider for its intended purpose, the information on the Website may not be relevant to you.

Please read the Terms carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and the associated Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you are not an Intended User, are accessing the Website from outside of the United States or do not agree to these Terms and Privacy Policy, you are not granted permission to access or use the Website and must not access or use the Website.

Content; Reliance on Information Posted

The information and content (collectively, "Content") on the Website is for your general educational information only and does not constitute legal, medical, tax, insurance, or other professional advice of any kind. All Content is intended to be for general information purposes only. Content may be published under copyright. You agree to honor and follow any restrictions on use stated on the Content you are accessing, and that you will honor and maintain any copyright notice or other claim of intellectual property interest in any reproduction of the Content.

We do not warrant the accuracy, completeness, or usefulness of this Content. Any reliance you place on such information is strictly at your own risk. You should engage legal counsel to review any contracts offered through the Website. We do not provide consulting or professional services, nor should you rely on any of the Content made available through the Website as professional advice or as representing an analysis or endorsement of the benefits, plans or providers made available via the Content. You should engage qualified professionals to assist you in understanding the subject matter of the Content. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

As a function of the Website we may assist you in identifying entities with whom you may contract ("Matching Function"). We provide the Matching Function solely for your convenience. We do not investigate, conduct due diligence on, or otherwise evaluate the appropriateness or qualifications of the third party offerings made available via the Website. Before entering into an agreement with any third party identified through the Match Function you should conduct appropriate diligence of such third party and its offerings.

This Website may link to third-party websites or resources. 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 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 Company.

We are not responsible or liable to you or any third party for the accuracy of any Content. If you decide to access any 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.

Changes to the Terms

We may revise and update these Terms and/or associated Privacy Policy from time to 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. Your continued use of the Website following the posting of revised Terms and/or Privacy Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Changes to the Website

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 content is provided "as-is", "as available" and with all faults.

Intellectual Property Rights

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 or licensed by Company and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use Content from the Website for your internal business use only. Any other use, reproduction, distribution, or creation of derivative work requires our prior written consent.

If you provide feedback, suggestions, or other content (excluding personal information covered by the Privacy Policy), you grant Company a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute that content.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

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.

We do not make any representations regarding the fairness, legality, commercial reasonableness or any other attributes of the Content made available through the Website or the items or services that may be accessed or contracted for through the use of the Content.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, employees, officers, directors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website or violation of these Terms, including, but not limited to, any use of the Content.

Digital Millennium Copyright Act

We will comply with the Digital Millennium Copyright Act.

If you have any copyright concerns about materials posted on the Website, you agree to let us know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. An effective notification contains the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or your agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you have authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• All inquiries not compliant with the described procedure will not receive a response. For more information email legal@costpluswellness.com and include "IP Policy" in the subject line of your email.

Governing Law and Jurisdiction

All matters relating to the Website, the Privacy Policy and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed exclusively by the internal laws of the State of Texas without giving effect to its choice or conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.

Any legal suit, action, or proceeding arising out of, or related to, these Terms, Privacy Policy or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Dallas County, State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Waiver and Severability

No waiver by Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held 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 Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and MCC Health, PBC and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Content.

Restrictions on Use of Contracts and Rates

The contracts made available on the Website are published solely for use by employers and their agents (including TPAs, consultants or other vendors acting on behalf of employers) seeking to contract directly with healthcare providers.

The contracts on the Website are not available for download or any use by insurance companies, health insurance carriers, managed care organizations, or insurer-owned networks, whether directly or indirectly.

By downloading or using these contracts, you acknowledge and agree that:

• You are not an insurance company or carrier, and are not acting on behalf of one
• You will not use, adapt, sublicense, or embed these contracts within an insured or carrier-controlled product in any way, shape or form
• You will not represent the contracts as applicable to insured plans or carrier networks
• Any implementation must preserve the direct, transparent, employer-provider relationship the contracts were created to support

Cost Plus Wellness reserves the right to revoke access or pursue appropriate remedies for misuse.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us at legal@costpluswellness.com or