Patient User Agreement
OTTO Health, LLC ("OTTO Health", “OTTO”, "we" or "us" or "our") provides website(s), services, and applications, including resources to connect individuals with participating physicians to obtain non-emergency, general medical services, including prescriptions, through our website at www.ottohealth.com through various mobile applications and software (collectively, the "Services").
Will these Terms ever change?
1. Defined Terms
"Comment or "Comments" means ideas or suggestions submitted by You to or for the Services, Services content, or Service.
"Content" or "Your Content" means any information, documents, content, comments, suggestions, or ideas uploaded by you, as a Patient User including personal and/or medical information, diagnosis, or lab results.
"Information" means any information, materials, text, image, mark, logo, compilation, document, media, data, publication, or other content authored or produced by OTTO Health and displayed on the Services, excluding any Content uploaded by a Patient User.
"Patient" or "Patient User" or “you” or "You" means Users who seek services utilizing the Services.
"Provider" or "Provider User" means Users who are medical and healthcare professionals authorized to provide services utilizing the Services.
"Service" or "Services" means the technological offerings, tools, systems, accounts, or automated workflows that OTTO Health from time to time provides to its Patient Users and Provider Users.
"User" or "Users" means persons who access the Services as a means to view, evaluate, or use any of the Services, regardless of whether such User or Users are OTTO Health customers, prospective customers, or other persons who receive access to the Services. Users may be subject to additional terms and conditions and may be required to indicate individually their acknowledgement of, and agreement to, those additional terms and conditions.
2. Access to and Use of the Services
Your Registration Obligations
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your account information (including password) and are fully responsible for any and all activities that occur utilizing your account information. You further agree to immediately notify OTTO Health of any unauthorized use of your password, changes to your account or any other breach of security. You agree to log out of your account at the end of each session when accessing the Service. OTTO Health will not be liable for any loss or damage arising from your failure to comply with this paragraph
Modifications to the Service
OTTO Health reserves the right to modify or discontinue (temporarily or permanently) the Service (or any part thereof) at any time. You agree that OTTO Health will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use of the Service and Storage of Content
You acknowledge that OTTO Health may establish general practices and limits concerning use of the Service and the storage of Content, including without limitation, the maximum period of time that personal health and medical information, symptoms, complaints, allergies, prescription history, and other data, files, or other information or content is retained by the Service and the maximum storage space that will be allotted on OTTO Health’s servers on your behalf. OTTO Health may be required (by law or otherwise) to keep this information and not delete it or to keep this information for a certain period of time. When we delete Content, it may be deleted from the active database, but it may remain in our archives and we may also retain information about your use of our Service. To the extent any Content is disclosed to third parties, such as Provider Users, we may not be able to access that Content and cannot force the deletion or modification of such Content by the parties in possession of such Content. You agree that OTTO Health has no responsibility or liability for the deletion or failure to store any data or other content maintained or posted to the Service.
You acknowledge that OTTO Health reserves the right to disable or terminate accounts that are inactive for an extended period of time, as determined in its sole discretion, without notice. You further acknowledge that OTTO Health reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3. Conditions of Use
Not a Substitute for Primary Care, Not a Substitute for Emergency Services
OTTO Health should never be used as a substitute for emergency care. If you have a medical emergency, you should seek emergency treatment at the nearest emergency room or dial 911. You represent and warrant that you have a primary care physician. You acknowledge and understand that Provider Users are only providing limited, non-emergency services and are not a substitute for seeking the advice of your primary care physician or other qualified healthcare professional. You acknowledge and understand that you should never delay seeking treatment from your primary care physician or other qualified healthcare professional if advised by a Provider User.
Health Insurance Portability & Accountability Act
No Guarantee of Insurance Coverage
OTTO Health does not warrant or guarantee that the cost of any medical services provided utilizing OTTO Health will be eligible to be covered by or paid for through any medical or other healthcare insurance coverage or program, including, but not limited to, tax-advantaged medical savings accounts.
While visiting or using the Service, you may upload, transmit, or otherwise convey to us Content. You are solely responsible for all of Your Content. You should not transmit or share it with us if you do not have permission to do so. You are responsible for creating backup copies of Your Content.
You agree that by providing us with Your Content, you:
· Permit us to use Your Content as necessary for you to utilize our Services, including disclosure of Your Content to Provider Users and/or payers you designate; and
· Represent to us that you have the full authority and right to post Your Content, and that your posting of Your Content, does not infringe any third party intellectual property rights, nor violate any rights of privacy or publiCity, is not defamatory, libelous or obscene, does not violate any other right, privilege or interest of any third party.
Third Party Content and Links to Other Sites
The Services and Content uploaded to the Services by Provider Users may contain links to third-party websites and to content provided by other Provider Users. Any such sites or content are not under our control and we are not responsible for them. We provide these links and content as a convenience only. There is no implied endorsement of, sponsorship of, or affiliation with the linked site by OTTO Health
Ideas, Suggestions, and Comments
In the event you submit Comments, those Comments will be deemed, and will remain, the sole property of OTTO Health. None of the Comments will be subject to any obligation of confidence on the part of OTTO Health, and OTTO Health will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, OTTO Health will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to you or any third party.
Patient User Conduct
No Patient User may:
· i. Submit, post, upload to, distribute or otherwise use, any Content (i) in violation of, or in connection with, any violation of any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene or pornographic; (iii) that contains advertising or promotional material or constitutes commercial activity of any sort or, in the sole discretion of OTTO Health, constitutes “spam;” (iv) that infringes any intellectual property rights or violates any other property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material’s readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
· ii. Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Content;
· iii. harvest or otherwise collect information about others, including email addresses, without their consent; or
· iv. Engage in any other conduct that interferes with the Service or any Information or that restricts or inhibits any other person from using or enjoying the same, or which, in OTTO Health’s sole judgment, exposes OTTO Health or any of its officers, directors, employees, contractors, or agents to any liability or detriment of any type.
OTTO Health shall have no liability or responsibility to any User or any other person or entity for performance or nonperformance of the aforementioned activities.
4. Terms Between Users
OTTO Health enables Patient and Provider Users with appropriate permissions to communicate with each other with respect to medical or other health-related conditions and to provide or receive consultations, advice, treatment, or prescriptions.
No Physician-Patient Relationship
The use of or access by you of any Service, Content, or Information does not constitute the receipt of medical or healthcare advice or services from OTTO Health and no physician-patient relationship with OTTO Health or any of its employees, officers, contractors, subsidiaries or agents is created or implied by you accessing or using any Service.
You understand and agree that charges for services rendered utilizing the Site are determined by your Provider User and/or insurance coverage, if applicable. OTTO Health will notify you of the charge for services in advance of the services being provided.
Patient Users should always seek the advice of a physician or other qualified healthcare provider before starting, stopping, or modifying any treatment or medication.
Conflicts Between Users
You agree you are solely responsible for your interactions with any other User in connection with the Service. OTTO Health will have no liability or responsibility with respect thereto. OTTO Health has no obligation to become involved in any way with disputes between you and any other User of the Service. In the event that you have a dispute with one or more other users (including without limitation any Provider User), you release OTTO Health, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor 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."
5. Billing and Payment
You will be charged a fee for the medical services you receive through the Service by the Provider User. OTTO Health collects this fee (or an insurance co-pay, if applicable) on behalf of the Provider User. OTTO Health charges a service fee for use of the Service which is paid by the Provider User and/or your insurance coverage. You may be required to provide OTTO Health information regarding your credit card, Pay Pal information or other payment instrument for purposes of facilitating payment to the Provider User. You represent and warrant to OTTO Health that any payment information you provide is true and that you are authorized to use the payment instrument. You agree to promptly update your account information with any changes in your information. If you dispute any charged fees, you should contact your Provider User.
6. Intellectual Property
Except as expressly provided below, all Information is proprietary to us or to third parties.
OTTO Health authorizes you to access, view, and use the Information, and to download, email, or print Information where we provide instructions or a utility for doing so, subject to the following conditions: (i) you may only download and print the Information in limited quantities for your personal, non-commercial use; (ii) you may not modify the Information without our permission; (iii) any displays or print outs of the Information must be marked “© OTTO Health, LLC [current year]. All rights reserved.”; (iv) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Information or on any Services; and (v) you may not download, email, or print any online help text or system documentation without our prior written consent. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Information, any other materials authored by OTTO Health and that you derive from the Services, or any portion thereof, is strictly prohibited without our prior written permission.
All software used on the Services is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The mark ‘OTTO Health’ and the OTTO Health logo are registered or unregistered trademarks of OTTO Health and may not be used in connection with any service or products other than those provided by OTTO Health in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OTTO Health. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
Digital Millennium Copyrights Act (DMCA)
OTTO Health complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). All notifications of claimed copyright infringement should be emailed to OTTO Health’s Copyright Agent at firstname.lastname@example.org (subject line: DMCA Takedown Request). You may also contact us by mail at the following address:
OTTO Health, LLC
5600 Arapahoe Ave, Suite 202
Boulder, Colorado 80303
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
· i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
· ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
· iii. a description of the material you claim is infringing and where it is located on the Services;
· iv. your address, telephone number, and email address;
· v. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
· vi. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
DMCA Counter Notices
If material you have posted to any Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
· i. a physical or electronic signature of the User who posted such material;
· ii. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
· iii. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
· iv. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which OTTO Health may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
If a counter notice is received by the Copyright Agent, OTTO Health will send a copy of the counter notice to the original complaining party informing that person that OTTO Health may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OTTO Health has adopted a policy of terminating, in appropriate circumstances and at OTTO Health’s sole discretion, Users who are deemed to be repeat infringers. OTTO Health may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
OTTO Health makes no representations or warranties of any kind regarding the Services, Information, and any Content on the Services. The Services, Information, and Content are provided in “AS IS” condition, and OTTO Health EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, OR INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THEY OR YOUR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) RELATING TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE; AND (iv) RELATING TO THE ACCURACY OR RELIABILITY OF ANY SERVICES, OR INFORMATION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We expressly disclaim all liability and loss suffered by any person or entity claiming third-party beneficiary status.
YOU AGREE YOUR USE OF THE SERVICE, THE INFORMATION AND THE CONTENT IS AT YOUR OWN RISK, AND OTTO HEALTH IS NOT, AND WILL NOT BE, LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. YOU AGREE OTTO HEALTH IS NOT AND WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY OF THE PROVIDER USERS.
No advice or information, whether oral or written, obtained by you from OTTO Health and its affiliates and their officers, employees, directors, contractors, and agents; or through the Service, or Information will create any warranty not expressly stated herein.
8. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OTTO HEALTH (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO OTTO HEALTH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM 9IF ANY), OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You may opt out of this agreement to arbitrate. If you do so, neither you nor OTTO Health can require the other to participate in an Arbitration proceeding. To opt out, you must notify OTTO Health in writing within 30 days of the date that you first became subject to this Arbitration provision. You must use this address to opt out:
OTTO Health, LLC
ATTN: Legal - Arbitration Opt Out
5600 Arapahoe Ave., Suite 202
Boulder, Colorado 80303
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement.
In the event you opt out of this Arbitration provision or OTTO Health declares and deems this Arbitration provision void as set forth above, you and OTTO Health agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the State of Colorado, without regard to its conflicts of laws principles and that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in the City and County of Denver, Colorado. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
11. iOS Application Terms
· You will only use the Application in connection with an Apple device that you own or control;
· You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
· In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
· You acknowledge and agree that OTTO Health, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
· You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, OTTO Health, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
· You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
· Both you and OTTO Health acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
12. Export Laws
If you choose to gain access to the Service from locations other than Colorado, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Content on the Service in violation of U.S. export laws or regulations.
13. Headings Provided for Convenience Only