Terms of Use

Terms of Use

These Terms of Use are effective as of July 28, 2021.

Please read these terms of use (“terms of use”) also known as the Agreement (“Agreement”) carefully before using Outreach Health’s website (“Site”). It contains very important information concerning your rights and obligations, as well as limitations and exclusions that may apply to you.

Conditions of use

By using this Site, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Outreach Health only grants use and access of this Site, its products, and its services to those who have accepted its terms.

Outreach Health makes this internet accessible website (“Site”) and related mobile application or mobile accessible website (“App”) (Site and App are collectively referred to as the “System”), including all information, documents, communications, files, text, graphic, software and services available through the System (collectively, the “Content”) and any products and services provided by Outreach Health through the System (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this Agreement, any changes to this Agreement that Outreach Health may publish from time to time, and any other relevant terms and conditions incorporated by Outreach Health (collectively, “Terms of Use”).

Privacy policy

Outreach Health believes in protecting your privacy. Before you continue using our website, we advise you to read our privacy policy, which can be found [link to privacy policy], and is incorporated herein by reference, to understand and agree to our policies regarding our privacy.

You may not interfere with the security of or otherwise abuse the System or any system resource, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.

BY ACCESSING OR USING THIS SYSTEM, WHETHER OR NOT AS A REGISTERED USER, IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, POSTING/UPLOADING OF ANY CONTENT, DOWNLOADING OF ANY CONTENT, OR MERELY BROWSING THE SITE OR APP, YOU REPRESENT THAT YOU ARE OVER 18 YEARS OF AGE AND AGREE TO, AND ARE BOUND BY, THE TERMS OF USE AND PRIVACY POLICY. YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IS BETWEEN OUTREACH HEALTH AND YOU.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SYSTEM.

This System, including Content and Services, is directed to those individuals and entities located in the United States where Outreach Health is offering Content and Services. It is not directed to any person or entity in any jurisdiction where (by reason of location, business decision, nationality, residence, citizenship or otherwise) Outreach Health is not offering Content and Services or where the publication or availability of the System and its Content and Services are unavailable or otherwise contrary to local laws or regulations. If this exclusion applies to you, you are not authorized to access or use any of the information on this Website. Outreach Health makes no representation that the information, opinions, or other Content or Services, whether or not through the System, is correct, appropriate, or that the System, Content, or Services are available outside of the United States or outside of Outreach Health’sspecific operating locations. Those who choose to access this System, Content, or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.

Outreach Health reserves the right to update or modify the Terms of Use at any time without prior notice. Your continued use of any portion of the System, including any portion of the Site and/or App, whether or not as a registered user, following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, you are advised to review these Terms of Use whenever you use the System. The Terms of Use may be found at any time on the Site and App, and OutreachHealth will provide you with a copy of the Terms of Use upon written request.

Intellectual property

All Content and Services of the System, and the System itself, is subject to trademark, service mark, trade dress, internet domain name, copyright, patent, and/or other intellectual property rights or licenses held by Outreach Health, one of its affiliates, or by third parties who have licensed their materials to Outreach Health. All intellectual property rights in the System attributable to OutreachHealth, and any derivative rights, shall remain OutreachHealth’s sole property.

You also agree that you will not nor have third parties on your behalf, copy, download, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System. You do hereby assign to Outreach Health all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you.

You may not, nor have third party’s on your behalf, copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from OutreachHealth, and you agree to assign and do hereby assign to Outreach Health all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you.

The Marks displayed on or in connection with the System are the property of Outreach Health or other third parties. You are not permitted to use the Marks without the prior written consent of OutreachHealth or such third party that may own the Marks.

You grant Outreach Health a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact Outreach Health in order to come to an agreement.

User accounts

As a user of the System, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the System, inform us immediately so we may address it accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel request in our sole discretion.

Indemnification

In the event you, anyone acting on your behalf, or any third party asserts a claim, cause of action, or liability against Outreach Health that arises out of or is in connection with a breach of these Terms of Use, by you or anyone acting on your behalf, and/or arises from or is related to any claims, damages (consequential or otherwise), injuries (including those to a third party, you or anyone acting on your behalf), liabilities, or causes of action arising from the undertaking or performance of the Services, including healthcare education related services, including logistics, health and well-being information, general patient resources, insurance education, community events, and the like, or any Third-Party Services, by you or anyone acting on your behalf, then you agree to indemnify, defend, and hold Outreach Health and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers harmless against any and all of such liability, damages, claims, and related costs, including, but not limited to, reasonable attorney’s fees and court costs.

You further agree, represent, and warrant that any actions by you or data or information supplied to Outreach Health by you shall not be such as will cause OutreachHealth to infringe any intellectual property rights, including patent and copyright, of any third party and shall indemnify, defend, and hold Outreach Health and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers from and against any claims, damages (consequential or otherwise), liabilities, causes of action, and losses of any kind whatsoever, including reasonable attorney’s fees incurred by Outreach Health.

Limitation on liability

UNDER NO CIRCUMSTANCES, SHALL OUTREACH HEALTH OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, EDITORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY SERVICES RELATED TO THE SYSTEM.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND OUTREACH HEALTH OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S CONTENT OR SERVICES ON THIS SITE, THE SYSTEM, AND ALL MATERIALS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THE SYSTEM, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OUTREACHHEALTH MAKES NO WARRANTY THAT (i) THE SYSTEM, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SYSTEM, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES, CONTENT, OR THE SYSTEM AS A WHOLE, WILL BE CORRECTED.

THE SYSTEM, SERVICES, AND CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. OUTREACH HEALTH MAY MAKE CHANGES TO THE CONTENTS AND SERVICES OF THE SYSTEM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES OF THE SYSTEM MAY BE OUT OF DATE, AND OUTREACH HEALTH MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) OUTREACHHEALTH DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTY ADVERTISING ACCESSIBLE THROUGH LINKS, INCLUDING ADVERTISING BANNERS, ON THE SITE OR APP; (ii) OUTREACHHEALTH MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTY ADVERTISERS, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTY ADVERTISERS ARE AT YOUR OWN RISK; AND (iv) OUTREACHHEALTH SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY SUCH THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OUTREACH HEALTH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR APP OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SYSTEM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUTREACH HEALTH OR THROUGH OR FROM THE SYSTEM, CONTENT, OR SERVICES SHALL CONSTITUTE LEGAL, COMMERCIAL, HEALTHCARE, OR OTHER ADVICE OF RELIANCE OR CREATE ANY LIABILITY OF OUTREACH HEALTH OR ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. YOUR USE OF THE SYSTEM, CONTENT, AND SERVICES SHALL NOT CREATE, AND YOU AGREE NOT TO ASSERT, ANY FORM OF JOINT VENTURE, PARTNERSHIP, JOINT OR SEVERAL LIABILITY, AGENCY, OR ANY OTHER FORM OF RELATIONSHIP BETWEEN YOU AND OUTREACH HEALTH, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN.

DEPENDING ON YOUR USE OF THE SYSTEM, OUTREACH HEALTH MAY HAVE ADDITIONAL OR REPLACEMENT TERMS AND CONDITIONS AVAILABLE ON THE WEBSITE OR DIRECTLY FROM OUTREACH HEALTH, WHICH MAY BE UPDATED FROM TIME-TO-TIME, AND YOUR USE OF THE SYSTEM MAY BE GOVERNED BY SUCH ADDITIONAL TERMS AND CONDITIONS. IT IS YOUR RESPONSIBILITY TO REVIEW ADDITIONAL OUTREACH HEALTH TERMS AND CONDITIONS AND ENSURE YOUR COMPLIANCE, AT ALL TIMES, WITH ALL SUCH APPLICABLE TERMS AND CONDITIONS. IN THE EVENT THAT THESE TERMS OF USE CONFLICT WITH ANY OTHER APPLICABLE OUTREACH HEALTH WRITTEN TERMS OR CONDITIONS, SUCH ADDITIONAL OR AMENDED TERM(S) SHALL CONTROL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Waiver

Any failure, forbearance or delay on the part of OutreachHealth to exercise any remedy or right herein shall not operate as a waiver. The failure of Outreach Health to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.

Enforcement of Terms and Conditions

By accessing and using the System, you agree that your access to and use of the System and any Service, Content, Transmission, or communication related to the System is subject to the Terms of Use and Privacy Policy, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Texas, United States of America. You also agree that any claims or disputes against OutreachHealth whatsoever arising hereunder shall be submitted to binding arbitration in Dallas County, State of Texas, in accordance with the rules and procedures of the American Arbitration Association.

Outreach Health reserves the right to edit, modify, and change this Agreement any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Outreach Health and the user, and this supersedes and replaces all prior agreements regarding the use of this website.