OODA Health Terms of Use

April, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

  1. Agreement to the Terms of Use. Subject to these Terms of Use, OODA Health, Inc. (referred to herein as “OODA,” “we,” “us” and “our”) provides you with access to this website www.ooda-health.com (the “Site”). By accessing and continuing to use this Site after having an opportunity to review these Terms of Use, you are agreeing to these Terms of Use without limitation or qualification. If you do not so agree, please exit and do not use this Site.
  2. OODA’s Relationship to Your Healthcare Provider (your "Provider"). OODA is acting as a vendor and business associate of your Provider. When agreeing to these Terms of Use, you are agreeing with OODA and not your Provider. When accessing your Provider’s sites, you will be agreeing to a different terms of use than these Terms of Use.
  3. Changes to the Terms of Use. OODA may change these Terms of Use at any time. We will post any such changes to these Terms of Use, which changes will become effective after they have been posted. By continuing to use the Site after having an opportunity to review the updated Terms of Use, you have accepted the revised terms. If you do not agree with such revised terms, please exit and do not use the Site.
  4. Use of the Site. You may browse and use the Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Site or any content made available on the Site: (i) for public or commercial purposes without the express written permission of OODA; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site.

You will not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk. If you access this Site from outside the United States, you accept full responsibility for compliance with local laws.

You have the right to receive an account statement showing your account activity. You may view your account statement by logging into your account. In the event you request that we send you hard-copy records related to your account, we may charge you a fee of $10.00 per item requested but we won’t charge you for records requested in connection with your good-faith assertion of an error in your account.

  1. Termination/Suspension. We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice. You may close your account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your account even after the account is closed. When you close your account, we will cancel any scheduled or incomplete transactions. You must withdraw or transfer any balance from your account before closing it.
  2. Link or Unlink a Payment Method. You can link or unlink a credit card, debit card, a U.S. bank account or other payment method (such as Venmo) to your account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. To do this, we will charge $1.95 to the card. After the card is confirmed, we will immediately refund this amount to the card. Accept as set forth above, written permission is required from OODA to create a link from an external website to OODA's home page or any pages within OODA's website.
  3. Links to Third Party Sites. Our Site may include links to third party sites (“Third Party Sites”), which are included to serve as a resource for our users. Links to any Third Party Sites are not intended to be and should not be interpreted as endorsements of the Third Party Sites or their respective policies or practices. Such Third Party Sites are not controlled by OODA and therefore OODA holds no responsibility for their content. We encourage you to review the terms of use and privacy policies of such Third Party Sites.
  4. If you Opt-in to SMS Communications. If you opt-in to receive SMS communications from OODA, the following terms apply:
    1. SMS messages are not secure, and therefore should not be used to transmit personal health information or other personally identifiable information.
    2. This program does not contain medically sensitive information. While the content on the Site is about specific medical and healthcare issues, the content is not a substitute for or replacement of personalized medical advice and is not intended to be used as the sole basis for making individualized medical or health-related decisions.
    3. When you opt-in to the service, we will send you an SMS message to confirm your signup.
    4. You can cancel the SMS service at any time. Just text "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
    5. If at any time you forget what keywords are supported, just text "HELP". After you send the SMS message "HELP" to us, we will respond with instructions on how to contact customer service and/or use our service.
    6. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
    7. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message per statement cycle (approximately 1 month), plus others to respond to your actions. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
    8. If you have any questions regarding privacy, please read our Privacy Policy.
  5. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT HEREIN IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OODA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 6 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  6. Limitations of Liability. IN NO EVENT WILL OODA BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORESEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WITHOUT LIMITING ANY OTHER PROVISIONS IN THIS SECTION 7, OODA’S MAXIMUM LIABILITY TO YOU FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU, BUT NOT EXCEEDING $100 OR THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW, WHICHEVER IS LESS.
  7. Indemnification. Unless prohibited by applicable law, you agree to indemnify and hold harmless OODA and its officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
  8. Remedies for Breach of these Terms of Use by You. Without limiting any other rights or remedies, in the event that we determine, in our sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable in our sole discretion, we may (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send your information or content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which we deem to be appropriate. If your ability to access and/or use the Site or any other service provided to you by OODA is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other service provided by us, through use of a different member name or otherwise.
  9. Personal Information/Privacy Policy. We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy for details about what information we collect on this Site and how we use and share such information.
  10. Copyright and Trademark Notice. This Site is owned and operated by OODA. All trademarks, service marks and company names are the property of their respective owners. Unless noted otherwise, all Site content, including the text, design, documents and images are the sole property of OODA or licensed through a third party. Users may use the content of this Site only for personal use accordance with these Terms of Use. No content may be reproduced, distributed, adapted or otherwise used without the prior written permission of OODA or our licensors. Any unauthorized use of the content on this Site may violate copyright, trademark or other applicable laws.
  11. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of law provisions. By accessing or using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  12. Account Notifications. When you share your contact information with us, you are agreeing to automatic notifications. This means that you may receive occasional notifications about important account events (e.g., new statements are ready, an upcoming due date, etc.). Notifications may come via email, text message, and/or automated calls and pre-recorded voicemails. Pre-recorded messages will only ever be used for voicemails, and any automatic calls that you answer will immediately connect you with a live representative of our Patient Services team. We will never harass you about your bills, and you can always opt out whenever you want by calling (855) 966-3280, or replying STOP to a text message.
  13. Miscellaneous. In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by OODA to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of OODA’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. You represent to OODA that you have the authority to access and use the Site according to these Terms of Use. These Terms of Use constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.
  14. Contact Us. We welcome your comments and questions. Please contact us at:

    OODA Health, Inc.
    100 Montgomery St., Suite 2100
    San Francisco, CA 94104
    Attn: Legal

    Or email us at: legal@ooda-health.com