Radix Health is now Pivotal Health
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The website located at pivotalhealth.ai, together with any successor site (the "Site"), is operated by Pivotal Health Technologies, Inc., doing business as "Pivotal Health" ("Company," "us," "our,"or "we"), a Delaware corporation with its principal place of business at 1335 4th St., Fl 3, Santa Monica, CA 90401. These Terms and Conditions (these "Terms") govern your access to and use of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which are incorporated into these Terms by reference.
The Site is a business information and lead-generation website for Company's healthcare reimbursement and Independent Dispute Resolution ("IDR") technology and services. If your organization has entered into a separate services agreement, order form, business associate agreement, and/or similar written agreement with Company (a "Services Agreement") for access to Company's client platform or IDR-related services, your and your authorized users' access to and use of that platform and those services are governed by that Services Agreement and any policies incorporated into it, not by these Terms, except that use of the public pages of the Site remains subject to these Terms in all cases. Section 1 explains this further.
BUSINESS USE ONLY. The Site is intended solely for use by businesses and by individuals acting in a professional or business capacity on behalf of a business entity. The Site is not directed to, marketed to, or intended for use by individual consumers for personal, family, or household purposes.
By accessing or using the Site, you represent and warrant that: (a) you are at least 18 years old; (b) you are accessing the Site solely on behalf of, and as an authorized representative of, a business entity; and (c) you have the authority to bind that entity to these Terms. If you do not have that authority, or if you do not agree with these Terms, do not access or use the Site.
PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 13 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS AS DESCRIBED INSECTION 13 (I): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Company offers a secure platform (currently located at app.radixhealth.io, or such other URL as Company may designate, the "Platform") through which authorized users of Company's healthcare provider clients access IDR case data, submit disputes, and use related tools (collectively, the "Services"). Access to the Platform and the Services is available only to organizations that have entered into a Services Agreement with Company, and to the individuals that organization authorizes.
If you access the Platform as an authorized user, your and your organization's rights and obligations with respect to the Services, including fees, service levels, data handling, and any obligations under a business associate agreement governing protected health information, are governed exclusively by the applicable Services Agreement. These Terms governonly your use of the public, non-authenticated pages of the Site, and your general conduct in accessing the Platform to the extent not addressed in the Services Agreement. If there is a conflict between these Terms and a Services Agreement with respect to the Platform or the Services, the Services Agreement controls.
2.1 Account Creation.
To access the Platform, you must be authorized by a Company client with an active Services Agreement and must register for an account ("Account") as prompted. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain its accuracy. Company may suspend or terminate your Account in accordance with Section 11 or as provided in the applicable Services Agreement.
2.2 Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify Company promptly of any unauthorized use, or suspected unauthorized use, of your Account.
3.1 License.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own internal business purposes in connection with your organization's evaluation or use of Company's services. The Site is not licensed for personal, family, or household use.
3.2 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, in whole or in part, or any content displayed on the Site; (b) you shall not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website, product, or service; and (d) except as expressly stated in these Terms, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. All copyright and other proprietary notices on the Site must be retained on all permitted copies.
3.3 Modification.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site, in whole or in part, with or without notice. Company will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
3.4 No Support or Maintenance for the Site.
You acknowledge that Company has no obligation to provide support or maintenance in connection with the public pages of the Site. Support for the Platform and the Services, if any, is governed by the applicable Services Agreement.
3.5 Ownership.
Excluding Submissions (defined in Section 4), you acknowledge that all intellectual property rights in the Site and its content, including copyrights, patents,trademarks, and trade secrets, are owned by Company or Company's suppliers. Nothing in these Terms transfers to you any right, title, or interest in that intellectual property, except for the limited access rights expressly set forth in Section 3.1. Company and its suppliers reserve all rights not expressly granted in these Terms.
3.6 Feedback.
If you provide Company with feedback or suggestions regarding the Site ("Feedback"), you assign to Company all rights in that Feedback and agree that Company may use and exploit it in any manner it deems appropriate, without compensation to you. Company will treat Feedback as non-confidential and non-proprietary.
"Submissions" means any information or content you voluntarily provide to Company through the Site, such as through a demo request, contact, or careers form, including your name, contact information, and any accompanying message. You are solely responsible for your Submissions and represent that you have the right to provide them. Do not include protected health information, patient-identifying information, or other sensitive personal information in a Submission; the Site is not a secure channel for that information.
Company may use Submissions to respond to you, evaluate your organization for a potential business relationship, and for the other purposes described in our Privacy Policy. Company is not obligated to retain, back up, or return any Submission, and a Submission may be deleted at any time without notice.
You agreenot to use the Site to submit or transmit any Submission or other content that:
(a) violates a third party's intellectual property, privacy, or other legal rights, or any applicable law or regulation;
(b) is unlawful, harassing, abusive, threatening, defamatory, or otherwise objectionable;
(c) contains protected health information, patient-identifying information, or other sensitive personal information not appropriate for submission through the Site; or
(d) contains viruses, worms, or other harmful code.
You further agree not to: (i) send unsolicited advertising, spam, or chain messages through the Site; (ii) harvest or collect information about other users without their consent; (iii) interfere with or disrupt the Site or servers or networks connected to the Site; (iv) attempt to gain unauthorized access to the Site or any related systems; or (v) use automated means to access, scrape, or query the Site, other than through the conditional permission Company grants to operators of public search engines to index publicly available pages consistent with the Site's robots.txt file.
Company reserves the right, but has no obligation, to review, refuse, or remove any Submission, and to investigate and take appropriate action against any violation of this Acceptable Use Policy, including suspending or terminating access and reporting conduct to law enforcement.
The Site uses cookies and similar tracking technologies as described in our Privacy Policy, available at pivotalhealth.ai/privacy-policy. By proceeding past our cookie disclosure and continuing to use the Site, you consent to the collection, transmission, and use of information through those technologies as described in the Privacy Policy, and you acknowledge that any service provider or advertising partner that receives that information does so with your consent and as a party to, or an authorized recipient of, the applicable communication, and not as an unauthorized third party.
The Site may contain links to third-party websites and services, and may display advertisements for third parties (collectively, "Third-Party Links & Ads"). Third-Party Links & Ads are not under Company's control, and Company is not responsible for them. Company provides access to Third-Party Links & Ads only as a convenience, and does not review, approve, monitor, endorse, or warrant them. You use Third-Party Links & Ads at your own risk, and the applicable third party's terms and privacy practices govern your interaction with them.
You release Company, and its officers, employees, agents, successors, and assigns, from claims arising out of or relating to Third-Party Links & Ads. If you are a California resident, you waive California Civil Code Section 1542 in connectionwith this release, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
You agree to indemnify and hold Company, and its officers, employees, and agents, harmless, including costs and reasonable attorneys' fees, from any third-party claim or demand arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of applicable law; or (d) your Submissions. Company reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with that defense. You agree not to settle any such matter without Company's prior written consent.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF APPLICABLE LAW REQUIRES ANY WARRANTY WITH RESPECT TO THE SITE, THAT WARRANTY IS LIMITED INDURATION TO NINETY DAYS FROM YOUR FIRST USE OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATEROF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU HAVE PAID COMPANY, IF ANY, FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION DOES NOT APPLY TO AMOUNTS PAYABLE UNDER A SEPARATE SERVICES AGREEMENT, WHICH IS GOVERNED BY THAT AGREEMENT'S OWNLIABILITY TERMS.
These Terms remain in effect while you use the Site. Company may suspend or terminate your access to the Site, including any Account, at any time and for any reason in its sole discretion, including for violation of these Terms. Upon termination, your right to access and use the Site will end immediately. Sections 3.2 through 3.6, and Sections 4 through 15, survive termination of these Terms.
These Terms, and any dispute arising out of or relating to these Terms or the Site, are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, except that the Arbitration Agreement in Section 13 is governed by the Federal Arbitration Act as described in that section. Subject to Section 13, you and Company agree that any action not subject to arbitration will be brought exclusively in the state or federal courts located in LosAngeles County, California, and you consent to the personal jurisdiction of those courts.
Please read the following arbitration agreement (the "Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors, and assigns, and all of their respective officers, directors, employees, agents, and representatives (collectively, the "Company Parties"), and limits the manner in which you can seek relief from the Company Parties.
(a) Applicability of Arbitration Agreement.
You agree that any dispute between you and any Company Party relating in any way to the Site, the Services, or these Terms (a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, and the claims remain in that court on an individual, non-class basis; and (2) either party may seek equitable relief in court for infringement or misuse of intellectual property rights. This Arbitration Agreement survives termination of these Terms and applies to Disputes that arose or were asserted before you agreed to these Terms, or under any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, which can, if the law allows, seek relief against the Company Parties on your behalf.
(b) Informal Dispute Resolution.
Before either party commences arbitration, the parties will personally meet and confer by telephone or video conference in a good faith effort to resolve the Dispute informally (the "Informal Dispute Resolution Conference"). The party initiating a Dispute must first give the other party written notice of its intent to initiate an Informal Dispute Resolution Conference (the "Notice"). Notice to Company should be sent to legal@pivotalhealth.ai or to Pivotal Health Technologies, Inc., Attn: Legal Department, 1335 4th St., Fl 3, Santa Monica, CA 90401. The Notice must include your name, telephone number, mailingaddress, email address, the name and contact information of your counsel ifany, and a description of the Dispute. The Informal Dispute Resolution Conference must occur within 45 days after the other party receives the Notice, unless the parties agree to extend that period, and completing this process isa condition precedent to commencing arbitration. Applicable statutes of limitation and filing deadlines are tolled while this process is pending.
(c) Arbitration Rules and Forum.
These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement, not withstanding the governing law provision in Section 12. If the Informal Dispute Resolution Conference does not resolve the Dispute within 60 days after Company receives the Notice, either party may commence binding arbitration administered by JAMS. Disputes involving claims and counter claims under $250,000, exclusive of attorneys' fees andinterest, are subject to JAMS's Streamlined Arbitration Rules; all other Disputes are subject to JAMS's Comprehensive Arbitration Rules and Procedures, both available at www.jamsadr.com or by calling JAMS at 800-352-5267. Unless the parties agree otherwise, or the Mass Arbitration Procedures in subsection (h) apply, arbitration will be conducted in the county where you reside. If JAMS is unavailable, the parties will select an alternative arbitral forum.
(d) Authority of Arbitrator.
The arbitrator has exclusive authority to resolve all Disputes, including disputes about the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that: (1) disputes about the "Waiver of Class or Other Non-Individualized Relief" subsection, including whether it is enforceable, must be decided by a court; (2) disputes about the payment of arbitration fees, other than as addressed in subsection (h), must be decided by a court; (3) disputes about satisfaction of any condition precedent to arbitration must be decided by a court; and (4) disputes about which version of this Arbitration Agreement applies must be decided by a court. The arbitrator may award any relief available to an individual party under applicable law and these Terms, and the arbitrator's award is final and binding, subject to very limited court review.
(e) Waiver of Jury Trial.
Except as specified in subsection (a), you and the Company Parties waive any constitutional and statutory right to sue in court and have a trial before a judge or jury, and instead elect that covered Disputes be resolved by arbitration under this Arbitration Agreement.
(f) Waiver of Class or Other Non-Individualized Relief.
Except as specified in subsection (h), you and Company agree that each party may bring claims against the other only on an individual basis, not as part of any class, representative, collective, or mass action, and both parties waive any right to have a Dispute brought, heard, or arbitrated on a class, collective, representative, or mass action basis. If a court determines, in a final decision not subject to further appeal, that this subsection is unenforceable as to a particular claim or request for relief, that claim or request for relief will be severed and may be litigated in the state or federal courts located in Los Angeles County, California, consistent with Section 12, and all other Disputes will remain subject to arbitration or small claims court.
(g) Attorneys' Fees and Costs.
Each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator finds the Dispute or the relief sought was frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11 (b). A party that obtains a court order compelling arbitration may recover its reasonable costs and attorneys' fees incurred in doing so.
(h) Mass Arbitration Procedures.
To address the administrative burden of repetitive filings, you and Company agree that if five or more individual arbitration demands of a substantially similar nature (arising out of the same event or factual scenario and raising the same or similar legal issues) are filed against Company by, or with the assistance of, the same individual, law firm, group of law firms, or organization within any 60-day period, the arbitration provider shall, to the extent its procedures permit: (1) administer the demands in batches of no more than 10 demands per batch; (2) appoint one arbitrator for each batch; and (3) resolve each batch as a single consolidated arbitration with one set of filing and administrative fees per side per batch, one procedural calendar, one hearing if any, and one final award (the “Mass Arbitration Procedures”). You and Company agree in advance to the application of JAMS’s Mass Arbitration Procedures, or, if JAMS is unavailable or declines to administer the arbitrations, the American Arbitration Association’s Mass Arbitration and Mediation Fee Schedule and related procedures, in either case to demands meeting the threshold in this subsection. Disputes about whether demands are of a “substantially similar nature” will be decided by a single administrative arbitrator appointed by the arbitration provider, whose fees will be paid by Company. This subsection does not otherwise authorize class, collective, or consolidated arbitration.
(i) 30-Day Right to Opt Out.
You may optout of this Arbitration Agreement by sending written notice to legal@pivotalhealth.ai, or to Pivotal Health Technologies, Inc., Attn: Legal Department, 1335 4th St., Fl 3, Santa Monica, CA 90401, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, and a clear statement that you want to opt out. If you opt out, the rest of these Terms continues to apply to you.
(j) Invalidity, Expiration.
Except as provided in the "Waiver of Class or Other Non-Individualized Relief" subsection, if any part of this Arbitration Agreement is found invalid or unenforceable, that part will be severed and the remainder will continue in full force and effect. You must initiate arbitration of any Dispute within the applicable statute of limitations, or it will be time-barred.
(k) Modification.
If Company makes a future material change to this Arbitration Agreement, you may reject that change within 30 days of it becoming effective by writing to legal@pivotalhealth.ai. Continued use of the Site after that period constitutes acceptance of the change. Rejecting a change does not provide a new opportunity to opt out of arbitration generally if you did not validly opt out previously.
14.1 Changes to These Terms.
Company may revise these Terms from time to time. If Company makes a substantial change, Company may notify you by email, if Company has your email address, or by prominently posting notice on the Site. Continued use of the Site after notice of a change constitutes your acceptance of the revised Terms.
14.2 Electronic Communications.
You consent to receive communications from Company electronically, and agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
14.3 California Consumer Disclosure.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.4 Export Compliance.
The Site may be subject to U.S. export control laws and other applicable import and export regulations. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired through the Site in violation of those laws.
14.5 Entire Agreement; Severability; Relationship of the Parties; Assignment.
These Terms, together with any Services Agreement to the extent applicable, constitute the entire agreement between you and Company regarding your use of the Site. Section headings are for convenience only. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be interpreted to best accomplish its intended purpose to the extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent, partner, or joint venturer of the other. You may not assign these Terms without Company's prior written consent, and Company may freely assign these Terms.
Pivotal Health Technologies, Inc.
Attn: Legal Department
1335 4th St., Fl 3
Santa Monica, CA 90401
Email: legal@pivotalhealth.ai
