Terms and Conditions of Use
Welcome to Conversio Health! Integrated Health Concepts, Inc. d/b/a Conversio Health and/or its affiliates (“Conversio,” “us,” or “we,”) provide website features and other products and services to you when you visit our websites, use Conversio products, services, or software, or interact or communicate with Conversio Health (collectively, “Conversio Health Pharmacy Services”).
Before using Conversio Health Pharmacy Services, please read these Terms and Conditions of Use (the “Terms”), our Notice of Privacy & Security Practices, and all other applicable rules, policies, and terms posted on our website at www.conversiohealth.com (collectively, the “Agreement”). By using Conversio Health Pharmacy Services, you are agreeing to be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you may not use Conversio Health Pharmacy Services.
I. Introduction
These Terms govern your use of Conversio Health Pharmacy Services, including websites, mobile applications, Conversio Content (as defined in Section 2), and other services (“Services”). The Services are intended for use by users that reside in the U.S. and are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian). If you are not the intended audience or you object to these Terms, you may not use our Services. These Terms act as a binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy exclusions and limitations, and a choice of California law.
From time to time we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We will notify you of any material updates to the Terms. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.
II. About our Content
We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, trademarks, trade dress, and User Content (as defined in Section 3) (collectively, “Conversio Content”), and you may access and use it solely for your own personal, non-commercial shopping and information purposes. Conversio Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing, or transmitting any Conversio Content in any way without our prior written consent is strictly prohibited.
Our health content describes general principles of health care that should not in any event be construed as specific instructions for individual patients. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions–only a health care provider can do that. The Service and its health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Service. If you have any questions about health-related content, please contact us at (866) 239-3784.
You understand and agree that neither Conversio Health nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Service or the information resources contained on or accessible through the Service.
Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
We may display or allow users to create User Content, or link to or from third party sites and material. We do not monitor, verify, or otherwise endorse User Content or third party sites or material, and hereby disclaim all liability with respect thereto. Your use of any third party site is subject to the terms of use and privacy policies made applicable thereto by such third party. Any health-related information is provided to enhance your experience, but is not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition. If you have questions about your health or treatment, please contact your pharmacist or other medical professional.
III. Your Obligations
To ensure a positive experience for all users, you agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another’s privacy, harmful to the interests of us or our users, or inappropriate with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms (Sections (i) through (viii) collectively, “Prohibited Use”). To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
You may be able to create or submit designs, photos, reviews, written posts, and other content (“User Content”). You agree that: (i) you will not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you will not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you will not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
By displaying, publishing, or otherwise posting any User Content on or through the Services, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all “moral rights” in the same. You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Services, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. We may cancel and terminate any account or User Content at any time without notice. We assume no liability for any information removed from our Services and reserve the right to permanently restrict access to the Services or a user account.
If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
IV. Service-Specific Terms
The Services we provide may be subject to additional policies, such as a return policy, or other terms. You can learn more about those specific services and policies here. If you download one of our mobile applications, you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless carrier and operating system software provider (including as listed within their respective app stores).
You consent to receive communications (including emails, text, mobile push notifications, or notices and messages on this website or through other Conversio Health Pharmacy Services) by or on behalf of Conversio Health to any email address, phone number, or mobile address associated with your account or otherwise provided to Conversio. Communications we send to you may include information about your prescriptions, treatment, or benefits, and, in connection with such communications, we may use pre-recorded /artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or Conversio Health Profile with others, those individuals might also be able to see this information. Our Notice of Privacy Practices provides more information on how you may receive communication from us.
If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
Our acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped or that the availability of an item has been confirmed. Title and risk of loss transfer to you upon our delivery of the order to the carrier. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any orders for any reason. Prices, promotions, offers, and product availability are all subject to change without notice.
Except as provided in our Notice of Privacy Practices, Conversio may terminate or suspend your access to and use of Conversio Health Pharmacy Services and/or your Conversio Health Profile without notice, for any reason, at any time.
We may change, suspend, or discontinue Conversio Health Pharmacy Services, or any part of it, at any time without notice. We ay amend any of this Agreement’s terms at our sole discretion by posting the revised terms on our website. Your continued use of Conversio Health Pharmacy Services after the effective date of the revised Agreement constitutes your acceptance of the terms. Conversio Health’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
V. Privacy
Conversio Health is subject to the Health Insurance Portability and Accountability Act (“HIPPA”), which governs how we may use and disclose your Protected Health Information (“PHI”), such as medication history, medical conditions, health insurance information, and other personal information we use to provide products and services. Our Notice of Privacy Practices describes that use and disclose. Please see our Notice of Privacy Practices for more information on HIPAA, Protected Health Information, and how you may access your PHI.
While using the Services, you may provide, and we may automatically collect , information about you and your use of the Services, including without limitation, your real-time location, MAC address, and IP address. Our collection and use of such information is governed by our Privacy and Security Policy and Notice of Privacy Practices.
VI. Disclaimers, Limitation of Liability, and Indemnification
We provide the Services (including, without limitation, all Content, User Content, and other content whatsoever) as a service to you. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE RISK.
THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S., AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES (INCLUDING CONVERSIO CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION, IF ANY. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (“DAMAGES”), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF USE, LOSS OF DATA, LOSS OF PRODFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR SERVICES (INCLUDING WALGREENS CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CONVERSIO, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CONVERSIO’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY CONVERSIO, ITS SUPPLIERS OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Service would not be provided to you absent such limitations.
VII. Dispute Resolution
If a dispute ever arises between us, please contact us. If we cannot resolve the matter informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-788-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
A form for initiating arbitration proceedings is available on the AAA’s website. To begin an arbitration proceeding, you must send a letter requesting arbitration and this form to Conversio Health, Attn: Compliance, 720 Aerovista Pl., Ste. D, San Luis Obispo, CA, 93401. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Conversio users, but is bound by rulings in prior arbitrations involving the same Conversio user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded shall not affect our other users. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice (“Opt-Out Notice”) within 30 days after the date you first access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address(es) used to log in to any applicable account(s) to which the opt-out applies. You must mail the Opt-Out Notice to Conversio Health, Attn: Compliance, 720 Aerovista Pl., Ste. D, San Luis Obispo, California 93401. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
VIII. Copyright Infringement Claims: Notice and Take-Down Procedures
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing through online services infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing in Conversio Content infringe your rights under U.S. copyright law, you (or your agent) may send to Conversio Health a written notice by mail, e-mail, or fax, requesting that Conversio Health remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the use of the Services, the DMCA permits you to send Conversio Health a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current regulatory requirements imposed by the DMCA (see https://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following: (i) sufficient information identifying the copyrighted work(s) believed to be infringed; (ii) sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Conversio Health to locate such material(s); (iii) a statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law; (iv) contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address; (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf; (vi) a signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing by mail to Conversio Health at Conversio Health, Attn: Compliance, 720 Aerovista Pl., Ste. D, San Luis Obispo, CA 93401. Notices or counter-notices may also be sent via email to compliance@conversiohealth or via fax to 800-977-9255 Attention: Compliance.
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys’ fees. Furthermore, the individual who posted the material may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
IX. Termination
This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Service. Your use of the Service is at your sole risk. If you are dissatisfied with the Service, its content, or any of the terms, conditions, and policies of this Agreement, your sole and exclusive legal remedy is to discontinue using the Service.
If you breach any provision of this Agreement, then you may no longer use the Service.
Conversio Health or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Service and any membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the Service and permanently delete and destroy any Materials (or any components thereof) that you or others may have posted or submitted to the Service (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (iv) restrict access to the Materials posted or submitted to the Service and to any account you may have; and (v) prohibit you from any future use of the Service; all without any prior notice or liability to you or any other person.
If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Service (and any unauthorized further use of the Service), including payment of any charges accrued in connection with use of the Service and your indemnification obligations; (b) Conversio Health may immediately remove from the Service and permanently delete and destroy any Materials that you or others may have posted or submitted to the Service without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused services will not be refunded; and (d) any rights or licenses granted to us under this Agreement will survive such termination.
X. Additional Terms
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Service, and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws rules. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services. These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.
Contact Us
If you have a question or complaint regarding the Services, please see here for information on how to contact us, or contact us as follows:
Conversio Health
Attn: Compliance
720 Aerovista Pl., Ste. D
San Luis Obispo, CA 93401
Telephone: (866) 239-3784
Email: info@conversiohealth.com
Effective Date:
04/06/2023