Website Terms & Conditions

Last modified: February 21, 2023

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NexHealth, Inc. and its affiliates (the “Company”, “we”, “our”, or “us”) provide the https://www.nexhealth.com (the “Site”), which includes information about our company and our services.  These Terms & Conditions only cover the Site and do not govern the services that we offer, whether or not accessible through the Site. The use of our services, is subject to separate terms and conditions.

Please read these Terms carefully because they contain important information concerning your rights and obligations (as well as limitations or exclusions) arising from your access to and/or use of the Site.

DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.

If you have any questions about our terms of service, feel free to contact us at contact@nexhealth.com.

1.             ACCEPTANCE OF TERMS & CONDITIONS

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”, or “Agreement”), govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

These Terms are entered into by and between You and the Company. References to “you” and “your” mean, individually or collectively, as the context dictates, the individual user of the Site.

The Site is controlled and operated by the Company from its offices within the United States. The Company makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.  

2.             PRIVACY NOTICE

Please review our Privacy Notice at https://www.nexhealth.com/legal/website-privacy for information on how we collect, use, and disclose personally identifiable information from users of and visitors to the Site.  If any conflict exists between these Terms and our Privacy Notice, the Terms will prevail.

3.             ACCESSING THE SITE & USER COMMUNICATIONS

3.1           Access

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection or devices are aware of these Terms and comply with them.

3.2           User Communications

You agree that the Company may contact you by electronic communication, including telephone or text messages  at any of the email addresses or phone numbers provided by you or on your behalf in connection with your use of the Site, including for marketing purposes. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of any email and using the unsubscribe link contained in the email, or by contacting us at contact@nexhealth.com.

4.             CHANGE TO THE TERMS; CHANGES TO SITE

We may modify these Terms from time to time and, when making modifications, we will update the “Last Updated” date set forth above. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.  Your continued use of the Site after the posting of revised Terms 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 change as they are binding on you.  

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site in our sole and absolute discretion without notice to you. We will not be liable if for any reason all or part of the Site is unavailable at any time. From time to time, we may restrict access to some parts of the Site to users.

5.             INTELLECTUAL PROPERTY AND USE RESTRICTIONS

5.1           Intellectual Property

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 (“Company Content”) is owned by the Company, its licensors, or other providers of such material (collectively, and individually, “Company Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, decompile, reverse engineer, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content obtained from or through Company.

The Site contains proprietary and copyright-protected information. Any unauthorized use of any Company Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Company name, the Company logo, and all 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 the Site are the trademarks of their respective owners.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

3.2           Restrictions

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.

You will not upload, post, or otherwise make available on or via the Site, any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from submission of material by you.  

The Company Content and Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You must not modify copies of any materials from the Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Site. You may use the Site only as permitted by law. You must not access or use for any commercial purposes any part of the Site except as set forth in a separate agreement between you and the Company.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW (as defined below).

6.             DISCLAIMER OF WARRANTIES

COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.  ALL INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS ONLY.

COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DOES NOT WARRANT THAT THE SITE WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE OR CARRIER. Your use of the Site may be subject to the terms of your agreements with your mobile device manufacturer or carrier.

7.             LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY’S REASONABLE CONTROL.  

IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. To the extent that a jurisdiction does not allow the exclusion or  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

8.             LICENSED CONTENT

“Licensed Content” means all data, information, ideas, recommendations, feedback, suggestions, improvements, or content provided to the Company by any individual, entity, user, or customer in any form or by any means (whether through the use of the Site, the use of our services, or by direct communications with the Company or any of its officers, directors, employees, representatives, or agents). Any Licensed Content you transmit to us will be treated in accordance with Company’s Privacy Notice.

You grant the Company and its affiliates and service providers, and each of their and our licensees, successors, and assigns, the limited license to process the Licensed Content you transmit to us, including but not limited to posting Licensed Content to our blog on the Site. You represent and warrant that you own or control all rights in, to, and under the Licensed Content you transmit to us, and have received the applicable consent to collect, use, and process such Licensed Content, and have the right to grant the license granted above to us.

You understand and acknowledge that you are responsible for any Licensed Content you transmit or provide, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You further authorize Company (and its affiliates, licensors, agents, and subcontractors) to aggregate and de-identify Licensed Content; compile in the ordinary course of providing the Site de-identified, non-personally identifiable, technical, statistical, or analytical data; and use and disclose such aggregated and de-identified data on a non-attributed basis. To the extent an assignment of aggregated or de-identified Licensed Content is needed to permit Company to obtain ownership of the right, title, and interest in, to or under, any or all of the aggregated or de-identified data, you hereby assign and transfer your right, title, and interest in, to, and under such aggregated and de-identified Customer Contributions to Company. COMPANY COLLECTS AND USES LICENSED CONTENT AND ALL AGGREGATED AND DE-IDENTIFIED CUSTOMER CONTRIBUTIONS IN ACCORDANCE WITH ITS PRIVACY NOTICE.

The Site may access and transfer information over the internet and link to third-party sites and portals. You understand and acknowledge that Company does not operate or control the internet or third-party sites and portals and (i) viruses, worms, trojan horses, or other undesirable data or software; and/or (ii) unauthorized users (i.e., hackers) may attempt to obtain access to and damage your data, websites, computers, devices, or networks. Company cannot control the flow of data to or from your network and other portions of the internet or the availability of or access to third-party sites.

9.             PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. 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 US or other countries) (“Applicable Law”);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• To post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability;
• 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, 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 on the Site or reverse engineer the Site;
• Use any manual process to monitor or copy any of the material 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 that 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; or
• Otherwise attempt to interfere with the proper working of the Site.

10.            INDEMNIFICATION

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 of or relating to your violation of these Terms, your use of the Site, including, but not limited to, your use of the Site’s content (other than as expressly authorized in these Terms), or your use of any information obtained from the Site.

11.            GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and performance hereunder is exclusively governed by, and construed in accordance with, the laws of the State of Utah without regard to conflicts of law principles.  You irrevocably agree that the state and federal courts in Utah will have exclusive jurisdiction to settle any dispute but the Company is entitled to apply to any court for injunctive or other remedies to protect or enforce its intellectual property rights and/or confidential information.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12.            WAIVER AND SEVERABILITY  

No waiver of by the Company of any term or condition set out in these Terms will 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 the Company to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13.             ASSIGNMENT

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

Contact Us

To learn more about our Terms you may contact us at contact@nexhealth.com.