Terms & Conditions

Thank you for visiting cotahealthcare.com. Information found on cotahealthcare.com (the “Site”) is provided by and the exclusive property of Cota, Inc. (“Cota”, “Us”, “We” or “Our”) and includes, without limitation, information on Our products, technology, services and research as well as Cota Clinical™, Cota Financial™, Cota OCM™, Cota Life Sciences™, Cota RWE, Cota Payer Solution, Cota Provider Solution, and Cota Nodal Address™ system (collectively, “Content” or “Services”).

Acceptance of the Terms & Conditions

The Terms & Conditions set forth herein, together with any documents expressly incorporated (collectively “Terms & Conditions”) as updated by Cota from time-to-time, govern any individual’s (“You” or “Your”) use of and access to the Site and Content and are a legal agreement between You and Cota establishing terms and conditions under which You may access and use the Content available on the Site, including any Content, functionality, and Services offered on or through the Site. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter.

You should carefully read the Terms & Conditions in their entirety before using the Site. By accessing or using the Site, You agree to be bound by these Terms & Conditions and Our Privacy Policy. If You do not agree to these Terms & Conditions, You must not access or use the Site.

By using or accessing the Site, You represent and warrant that, You: (i) agree to be bound by the Terms & Conditions; (ii) are at least eighteen (18) years old; (iii) have the legal authority to agree to, and be bound by, the Terms & Conditions; (iv) if You have provided or provide information to Us in connection with Your use of or access to the Site, such information is true and accurate; and (v) and reside in the United States or any of its territories or possessions or in the EU. This is a legally binding agreement. If You do not agree with the Terms & Conditions or do not meet all of these requirements, You are not authorized to use or otherwise access the Site and must not do so.

We may revise and update these Terms & Conditions from time-to-time and without notice. Your continued use of or access to the Site or Content constitutes Your acceptance of these changes and the current version of these Terms & Conditions. 

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any Content or Service We provide on or through the Site, in Our sole discretion without notice. We 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 access to some parts of the Site, or the entire Site, to You and/or other users.

You are responsible for:

• Making all arrangements necessary for You to have access to the Site.

• Ensuring that all persons who access the Site through Your internet connection are aware of these Terms & Conditions and comply with them.

To access the Site or gain access to some of the resources it offers You may be asked to provide certain registration details or other information. It is a condition of Your use of the Site that all the information You provide on the Site is correct, current, and complete. You agree that all information You provide to register with the Site or to access Content or Services is governed by our Privacy Policy, and You consent to all actions We take with respect to Your information consistent with our Privacy Policy.

If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Site or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We have 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 & Conditions.

Intellectual Property Rights and Restrictions

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 the Cota, 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.

These Terms & Conditions grant You a personal, non-exclusive, non-transferable, limited, revocable right to use the Site and its Content for personal, non-commercial, lawful purposes only and in accordance with these Terms & Conditions. You agree not to use or access the Site or its Contents for any other purpose, including but not limited to any commercial purpose, without the prior written consent of Cota. For example, You may not and may not direct or authorize any other party to: (1) co-brand any Website, App or any portion thereof; (2) frame any website or any portion thereof (whereby the Site will appear on the same screen with a portion of another website; or (3) link the Site to any other website. “Co-brand” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user of the Site or its Contents the impression that such party has the right to display, publish or distribute the Site or its Contents accessible within the Site. You agree to cooperate with Cota in causing any unauthorized co-branding, framing or linking immediately to cease.

The Content accessible within or through the Site and any other website or mobile application owned, operated, licensed or controlled by Cota is the intellectual property and proprietary information of Cota or the party that provided such Content to Cota. All title to, ownership of, and rights in and to such Content is, and at all times remains, the sole and exclusive property of Cota and its content providers (as the case may be). Accordingly, You may not copy, distribute, reproduce, modify, publicly display, publicly perform, store, republish, upload, post, transmit or create derivative works of the Content in any way without the prior written consent of Cota, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
  • You may store files that are automatically cached by Your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • We provide social media features accessible via Twitter and LinkedIn that contain certain content. You may take such actions as are enabled by such features.

You must not:

  • Modify copies of any Content from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the site.
  • You must not access or use for any commercial purposes any part of the Site or any Contents and Services available through the Site. 

If You wish to make any use of material on the Site other than that set out in this section, please address Your request to privacy@cotahealthcare.com.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms & Conditions, Your right to use the Site will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. 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 Cota. Any use of the Site not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.

  • Trademarks

“Cota Healthcare”, the terms Cota Clinical™, Cota Financial™, Cota OCM™, Cota Life Sciences™, Cota Academic Research™, and Cota Nodal Address™ system, Cota’s logo, and all related names, logos, product and service names, designs, slogans, and other Cota Healthcare marks used on this Site are trademarks owned by Cota or its affiliates or licensors. Other trademarks are used with the permission of their respective owners. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You agree not to use or display trademarks without the prior written consent of Cota or the owner of such mark. 

  • Reporting Violations

In the event Cota decides to allow communications venues for registered users such as blogs, internal networks, etc., pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Cota’s designated agent for notice of alleged copyright infringement in connection with the Site is the Webmaster and may be contacted at privacy@cotahealthcare.com. To file a notice of infringement with Cota, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.

Prohibited Uses 

You may only use the Site for lawful purposes and in accordance with these Terms & Conditions. By accessing or using the Site, You agree not to do the following:

  • access or use the Site in any way that violates 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 to other countries);
  • 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 US or users of the Site or expose them to liability;
  • communicate a sexually-explicit image;
  • impersonate another person, including providing another person’s information or providing information about a non-living person; 
  • violate the Children's Online Privacy Protection Act (available here);
  • communicate material that is copyrighted, without the permission of the copyright owner;
  • communicate material that reveals trade secrets, unless You have permission of the owner;
  • communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • use the Site to collect or store data with respect to Cota or third parties except as contemplated by these Terms & Conditions;
  • 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, including their ability to engage in real time activities through the Website.

- 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 Content on 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.

- Otherwise attempt to interfere with the proper working of the Site.

Consent to Use of Data and Information About You and Your Visits to the Site

You agree that, consistent with Our Privacy Policy, We may collect and use technical data and related information—including but not limited to technical information about Your device, system and application software, peripherals, IP addresses, operating system information, browser type and version, and network connectivity information, or other non-identifying information stored in cookies that We enable on the Site—that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Site and its Content. A cookie is a small file placed on the hard drive of your computer. Unless You have adjusted Your browser setting so that it will refuse cookies, Our system will issue cookies when You direct Your browser to the Site. We do not track Your use of other website or pages. We may use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You. For more information, please see Our current Privacy Policy.

Transferring Personal Information from the EU to the US

Cota has its headquarters in the United States. Information We collect from You will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the European Union’s General Data Protection Regulation (“GDPR”). Cota relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, Cota collects and transfers to the U.S. personal data only: with Your consent; to perform a contract with You; or to fulfill a compelling legitimate interest of Cota in a manner that does not outweigh Your rights and freedoms. Cota endeavors to apply suitable safeguards to protect the privacy and security of Your personal data and to use it only consistent with Your relationship with Cota and the practices described in the Terms & Conditions and in line with the Privacy Policy. Cota also minimizes the risk to Your rights and freedoms by not collecting or storing sensitive information about You.

Privacy Policy

All information We collect on this Site is subject to our Privacy Policy. By assessing and using the Site, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy. 

Children’s Privacy

Cota is committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 13. In addition, we do not collect personally identifiable information from any person known by Cota to be a child under the age of 13.

Geographic Restrictions

The owner of the Site is based in the state of New York in the United States. We provide this Site for use only by persons located in the United States and the EU. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States or the EU. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or EU, You do so on Your own initiative and are responsible for compliance with local laws.

Privacy Policy

Your privacy is important, and We will take all commercially reasonable steps to protect Your privacy. You may learn more about the information We may collect about You, the uses We may make of Your information, and the security measures We take to protect Your information, by reviewing Our privacy policy.

Disclaimer and Disclaimer of Warranty

YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WHILE COTA MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON OUR SITE, THE SITE AND CONTENT ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. COTA MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ACCESSED THROUGH OUR SITE. COTA ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COTA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND RELATED TO THIS SITE OR CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COTA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY PRACTITIONER OR OTHER INDIVIDUAL WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COTA MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND CONTENT IS TO CEASE USE OF THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL OR FOREIGN JURISDICTIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COTA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES (INCLUDING, WITHOUT LIMITATION OUR NEGLIGENCE) RESULTING FROM LOSS OF USE, DATA, SALES, GOODWILL, PROFITS OR BUSINESS INTERRUPTION, EVEN IF COTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) ERRORS IN OR OMISSIONS FROM THIS SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, TECHNICAL INACCURACIES AND CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SITE; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF OR THE COST OR PROCUREMENT OF ANY SUBSTITUTE SITE OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN; (D) YOUR USE OF AND ACCESS TO THE SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE; (F) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE; OR (G) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO STOP USING THE SITE, CONTENT OR SERVICES. ALL INFORMATION IS TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF COTA. ACCORDINGLY, COTA ASSUMES NO RESPONSIBILITY FOR, OR RELATING TO, DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE, CONTENT OR SERVICES OR OTHER SITES OR SERVICES ACCESSED VIA THE SITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, COTA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY CONTENT OBTAINED THROUGH THE SITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, COTA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

Indemnification

You agree to defend, indemnify, and hold harmless Cota, its affiliates, directors, affiliates, employees, agents, representatives, insurers, staff, successors and assigns, 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 & Conditions or Your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms & Conditions or Your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms &Conditions or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York although Cota retains the right to bring any suit, action, or proceeding against You for breach of these Terms & Conditions in Your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Further, if You do not comply with these Terms & Conditions, We have the right to suspend or eliminate Your account or Your access. We may also take any legal action We think is appropriate.

Waiver and Severability

No waiver of by Cota y of any term or condition set out in these Terms & Conditions 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 Cota to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction 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 & Conditions will continue in full force and effect.

About Our Content

Cota reserves complete and sole discretion with respect to the operation of the Site. Cota may, among other things withdraw, suspend, or discontinue any functionality or feature of the Site. Subject to applicable law, Cota reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site and/or service contained within, pursuant to Cota’s internal record retention and/or destruction policies. THE CONTENT FOUND ON THIS SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

Your Comments and Concerns

This website is operated by Cota.

All notices of copyright infringement claims should be sent to the copyright agent at privacy@cotahealthcare.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@cotahealthcare.com.

Contact Information

If You have questions or concerns regarding these Terms & Conditions, then please contact the Webmaster at info@cotahealthcare.com.

Site is Not a Substitute for Medical Advice.

The Site is not a substitute for traditional medical advice, consultation, diagnosis, or treatment. The Content contained on the Site, including but not limited to research, products, product descriptions, text, graphics, images, videos, blogs, and other material contained on or accessible through the Site is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Nothing contained on or accessible through the Site is intended as a recommendation or endorsement of any specific test, product, procedure, opinion or other information that may be mentioned in the Content. Reliance on any information appearing in the Content, including but not limited to information provided by Our personnel or by other users, is solely at Your own risk. The determination of the need for medical services and the types of health care are decisions that should only be made by a physician or other licensed health care provider. If You are a viewing this information, You should not use it in place of a licensed medical professional’s advice. For all medical concerns, You should always consult Your physician and should never disregard medical advice or delay seeking such advice because of any Content. Neither this Site nor its Content is intended to be used to address medical emergencies. IF YOU ARE EXPERIENCING AN EMERGENCY OR URGENT MEDICAL PROBLEM, GO TO THE NEAREST EMERGENCY ROOM OR CALL 9-1-1.

Changes

The Terms & Conditions of this Agreement are subject to change by Cota periodically. If such a change is made, Cota will post the revised Terms & Conditions on the “Terms & Conditions” section of the Site. Cota reserves the right to add to or change the Site or cease offering the Site or terminate Your use of the Site at any time and without liability. Cota reserves the right to refuse to offer access to the Site and/or Content to anyone at any time without notice.

Miscellaneous

The Terms & Conditions and all referenced policies and documents constitute the entire agreement between and by You and Cota relating to the Site and Content. There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between any user, including, without limitation, You, and Cota arising solely through the use of the Site. The Terms & Conditions are binding upon Your successors, assigns, heirs and executors. If any provision of the Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms & Conditions, which shall remain in full force and effect. The failure of Cota to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content or the Terms & Conditions must be filed within one year after such claim or cause of action arose or such claim is forever barred and properly, voluntarily, and knowingly waived. The section titles of the Terms & Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.