Patient User Agreement


Notice

 Please note that your access to and any use you make of our Services (as defined below) are governed by (1) this Patient User Agreement and (2) our Privacy Policy.

To review our Privacy Policy, please click here: (****LINK NEEDED****)
 

Terms of Use

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").

By accessing and using the Services, you agree to follow and be bound by the following terms and conditions concerning your use of the Services (the "Terms of Use") and acknowledge and accept our Privacy Policy: www.ottohealth.com/privacy. OTTO Health reserves the right to modify, remove, or suspend access to any portion of the Services or the Service (as defined below) at any time, with or without notice to you.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms of Use may need to change along with the Services.  We reserve the right to change the Terms of Use at any time, but if we do, we will bring it to your attention by placing a notice on the www.ottohealth.com website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us.


IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS THE SERVICES.
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
In order to access and use the Service, you will be required to register with OTTO Health. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Please review our Privacy Policy for further information on how we use and store your information. If you are a person under 18 years of age, you may not use our Services

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

You understand and agree that your personally identifiable health-related Content provided to OTTO Health by you or Provider Users is subject to or protected by the Health Insurance Portability & Accountability Act (“HIPAA”). OTTO Health will maintain the privacy of your Content as required by HIPAA. Any Provider to whom you first obtain access through the Services will require you to review and acknowledge their HIPAA Notice of Privacy Practices. OTTO Health will forward such Provider’s Notice of Privacy Practices to you as a courtesy to the Provider, and you must acknowledge receipt of the Notice of Privacy Practices in order to receive the Services or access the Provider. We encourage you to review our Privacy Policy, which provides additional information on how OTTO Health may use your Content.

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.


Your Content
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 reserves the right to analyze any of Your Content in order to investigate any allegation that it does not conform to these Terms of Use. In OTTO Health’s sole discretion, we may delete Your Content from the Service if we in good faith believe that Your Content violates these Terms of Use.


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.

The Information, other than this Terms of Use and the Privacy Policy provided on the Services is provided purely for informational purposes.
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.


If any Services or payments for any Services are subject to sales tax in any jurisdiction, you will be responsible for payment of such sales tax and any related penalties or interest. For purposes of this Terms of Use, “sales tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that OTTO Health or the Provider User is permitted to pass to you that is (i) the functional equivalent of a sales tax and (ii) the applicable taxing jurisdiction does not otherwise impose a sale or use tax.


 

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 legal@ottohealthcare.com (subject line: DMCA Takedown Request). You may also contact us by mail at the following address:


 

OTTO Health, LLC
Attn: Legal
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.


7. Disclaimer

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.

9. Indemnity


You agree to release, indemnify and hold OTTO Health and its affiliates and their officers, employees, directors, contractors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury, including death, arising out of or relating to your use of the Service, any User Content, your violation of these Terms of Use or your violation of any rights of a third party or other User.

 

10. Arbitration

 

You agree that all disputes, claims, or controversies arising out of or relating to the Terms of Use or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association (“AAA”), or its successor. Unless otherwise agreed by the parties, arbitration will be held in Denver, Colorado before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree within 7 days of delivery of the Demand for Arbitration, a single arbitrator will be appointed by the AAA. The arbitration will be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as specifically modified by these Terms of Use; provided that the arbitrator shall make a decision based upon the evidence presented and the laws of the State of Colorado (The AAA Rules are available at www.adr.org/arb_med or by calling AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party, and the arbitration will be conducted exclusively in the English language at a site specified by OTTO Health in Denver, Colorado. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/faces/services/fileacase/forms.) The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm, including, but not limited to, the actual or threatened infringement, misappropriation or violation of such party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

 

You acknowledge and agree that you and OTTO Health are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding, and you also agree not to participate in claims brought in a private attorney general or representative capaCity. Further, unless both you and OTTO Health otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, OTTO Health shall have the sole authority to declare and deem void the entirety of this “Arbitration” section. Except as provided in the preceding sentence, this “Arbitration” section will survive any termination of these Terms of Use.


 

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

These Terms of Use apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

·      Both you and OTTO Health acknowledge that the Terms of Use are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Information;

·      The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;

·      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

·      Both you and OTTO Health acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

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

The titles and section headings in these Terms of Use are provided for convenience only and have no substantive meaning or effect.

13. Miscellaneous


No delay or omission by OTTO Health in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Patient User Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by OTTO of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Patient User Agreement, "including" means "including, but not limited to." If any provision of this Patient User Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Patient User Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. This Patient User Agreement sets forth the entire agreement between you and OTTO Health regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Terms of Use or any right or obligation hereunder to any third party. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent. You agree that the electronic text of this Terms of Use constitutes a writing, and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.