Terms of Use for Ochsner Connected Stability

Last Updated June 26, 2023

Welcome to Ochsner Connected Stability (“Ochsner Connected Stability” or “Program”) provided by Ochsner Clinic Foundation and its contributing affiliates (collectively, “Ochsner”). Please read these Terms of Use (these “Terms”) before getting started. These Terms provide important information about how Ochsner works and what legal terms govern your participation in Ochsner Connected Stability.

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THESE TERMS

These Terms Are Legally Binding.

These Terms are legally binding on all End Users participating in Ochsner Connected Stability, including you. An individual End User’s (including your) participation includes, among other things, any of the following:

  • creating a User Account,
  • giving information to Ochsner about you or others,
  • installing and using Applications,
  • maintaining a paid subscription, if applicable (excludes OACN End Users), and
  • using related products and services.

For clarity, an End User’s participation also includes activities done as a representative for another individual or entity. So, even though these Terms may refer to “you” to make the text easier to read, references to “you” apply to both the reader and others the reader helps or represents. These terms include the following sections:

  • Overview of Ochsner Connected Stability
  • Users and Consent
  • Enrollment Process
  • Payments and Fees
  • Completing Setup
  • Ending or Suspending Your Participation in the Program
  • Your Responsibilities to Ochsner
  • Ochsner's Responsibilities to You
  • Important Disclaimers
  • Remedies and Disputes
  • Other Agreements
These Terms Apply Unless Ochsner Has Signed a Separate Agreement with Your Organization.

These Terms apply to any person’s participation in Ochsner Stability unless Ochsner has signed a separate written contract regarding that person’s participation that explicitly supersedes these Terms (a “Separate Contract”). Ochsner typically only executes a Separate Contract with a group or entity that desires to make Ochsner Connected Stability available to its members or personnel on special terms. Ochsner does not execute a Separate Contract with individual End Users that desire to participate in Ochsner Connected Stability directly because these Terms’ risk profile has been factored into the standard Ochsner Connected Stability pricing for End Users.

You Should Review These Terms Closely.

These Terms summarize each End User’s (including your) legal rights and obligations as a participant in Ochsner Connected Stability. Before you start participating in Ochsner Connected Stability, make sure you review and understand these Terms. Likewise, before you help anyone else to participate in Ochsner Connected Stability, make sure that person reviews and understands these Terms. Although Ochsner’s support team can help you with basic information about Ochsner Connected Stability, they cannot explain what these Terms mean in a legal sense. If you have those types of questions, you should consult an attorney.

You Accept These Terms by Participating in the Program.

You demonstrate to Ochsner that you agree to these Terms by participating in Ochsner Connected Stability. Thus, these Terms form a binding contract between you and Ochsner when you start participating. These Terms are also legally binding on all persons that you are representing when you participate. By participating in Ochsner Connected Stability in a representative capacity, you demonstrate to Ochsner that you have authority to agree to these Terms on behalf of the represented person, and you do so. Ochsner relies on these demonstrations. However, Ochsner reserves the right (not an obligation) to require you to provide additional evidence of your authority to act as someone else’s representative.

You May Not Participate in the Program if You Do Not Accept These Terms.

IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE AUTHORITY TO AGREE TO THE TERMS ON BEHALF OF A PERSON YOU CLAIM TO REPRESENT, YOU ARE NOT ALLOWED TO PARTICIPATE IN OCHSNER CONNECTED STABILITY IN ANY WAY (SUCH AS BY ACCESSING ANY PROGRAM TECHNOLOGY OR GIVING OCHSNER ACCESS TO INFORMATION TO FACILITATE FURTHER PARTICIPATION). Both your acceptance of these Terms and your compliance with these Terms are conditions to Ochsner’s consent to your participation in Ochsner Connected Stability. If those conditions are not met, your participation is not authorized and must stop.

Ochsner Has a Right to Change These Terms But Will Provide You Notice of Such Changes.

Ochsner may change these Terms (and any Ochsner Connected Stability features) at any time, but such changes will only affect the future. While Ochsner does not need your permission to make future changes, changes will not apply to you until Ochsner posts the changes on the Connected Stability Mobile Application (the “Application”). Ochsner may also provide you with notice of any changes on a quarterly basis, using one or more methods intended to give you actual notice, like sending you an email if you have previously provided Ochsner with your email address. However, actual notice is not required if Ochsner took reasonable steps to notify you. Ochsner expects you to check your User Account, provided e-mail account, and the Application often so you can review change notices in a timely manner, and you agree this expectation is reasonable. The Connected Stability Mobile Application and the Apple Watch Application may be collectively referred to herein as the “Applications.”

You May Not Continue to Participate in the Program If You Do Not Accept Future Changes.

Your continued participation in Ochsner Connected Stability after Ochsner provides a change notice demonstrates your agreement to the change. As a result, the change will be a binding amendment to the contract between you and Ochsner embodied by these Terms. IF YOU DO NOT AGREE TO OCHSNER’S FUTURE CHANGES TO THESE TERMS, YOU MAY NOT CONTINUE TO PARTICIPATE IN THE PROGRAM AFTER THOSE CHANGES GO INTO EFFECT.

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OVERVIEW OF OCHSNER CONNECTED STABILITY

The Program Helps You to Respond to Fall Events and Other Health Concerns.

Ochsner Connected Stability provides participating End Users with an innovative solution for responding to fall events. Ochsner Connected Stability Responders are the Ochsner personnel notified via the iPhone and Apple Watch applications following an Apple Watch-detected hard fall event, and will make first contact with the End User, Contacts, and/or emergency services (“Responders”). Responders will then follow an established protocol to outreach to End User and Contacts. “Contacts” are other users that maybe contacted by Responders in accordance with the established protocol and are designated at account creation or as otherwise directed. Responders may disclose, at Responders’ reasonable discretion, End User’s personal data (as that term is defined in the Notice of Ochsner Connected Living Program Privacy Practices) to Contacts. As appropriate and advised, Responders will facilitate additional response services, such as activating emergency services or scheduling primary care visits.

Outside of a fall event, participating End Users can use the available call button on their Apple Watch to contact Responders. Ochsner Responders shall facilitate an EndUser’s call according to pre-established protocols.  

The Program Uses Data Sent from Applications to Ochsner’s Remote Servers.

Ochsner Connected Stability requires data sent from MyOchsner, the Application, and Apple Watch Application (“Watch Application”) to provide alert response services (“Application Data”). Application Data may be used to support other Ochsner service offerings, including, but not limited to, the Falls Prevention Program. To the extent permitted, the Application Data may be stored by Ochsner in perpetuity.

The Program Content is for General Information Purposes and Does Not Involve Medical Advice.

The Program Responders make recommendations to the End User and other users regarding how to respond to an incident in accordance with a pre-determined protocol, and these recommendations are for general educational purposes only. It does not consider detailed personal information and should not be considered medical advice. End Users and Contacts are required to exercise independent discretion when determining whether to adhere to the recommendations made by Program Responders, as Program Responders do not act in the capacity of healthcare professionals.

The Program Is Not a Substitute for Professional Healthcare Services.

Ochsner Connected Stability is essentially a monitoring and educational tool. Ochsner Connected Stability does not provide any substitute for professional healthcare services. You should consult a healthcare professional when determining how Ochsner Connected Stability fits into your health and safety needs.

The Program Has Some Limitations that You Should Keep in Mind When Using the Program Mobile App.

Ochsner ConnectedStability has some inherent limitations that you should consider when utilizing or relying on the Program Features. Some of those limitations are discussed elsewhere in these Terms, but some of the most important limitations include:

  • dependence on a functional internet connection or available cellular networks.
  • dependence on enabling specific settings and permissions for the Applications: falls notifications, health data (activity, mobility), location services.
  • dependence on the proper wear and use of the Apple Watch.

By participating in Ochsner Connected Stability, you acknowledge these limitations and agree to not use or rely on the Program Features in any way that disregards the limitations.

The Program is Not Real-Time, Not Fail-Proof, and Not for Emergencies.

WHILE THE PROGRAM INCLUDES HUMAN MONITORING AND SUPPORT, ITMAY BE IMPAIRED BY ISSUES OUTSIDE OF OCHSNER’S CONTROL, INCLUDING, BUT NOT LIMITED TO, END USER DEVICE DAMAGE, DEFECTS, OR DEFICIENT CELLULAR SERVICE. ENDUSER IS RESPONSIBLE FOR ENSURING ALL END USER DEVICES ARE IN PROPER WORKING ORDER AT ALL TIMES. THE PROGRAM ALSO DEPENDS ON ANALYTICS SOFTWARE THAT MAY PROVIDE DISTORTED RESULTS DUE TO POOR DATA OR SOFTWARE BUGS, SO IT DOES NOT REPLACE HUMAN JUDGMENT.

THE PROGRAM IS MEANT TO COMPLIMENT, AND NOT REPLACE, PERSONAL AND PROFESSIONAL HEALTH AND SAFETY MONITORING. THE PROGRAM MAY EXPERIENCE OCCASIONAL DOWNTIME OR ERRORS THAT AFFECT THE PROGRAM MOBILE APP INDICATORS AND ALERTS. YOU SHOULD NOT RELY ON THE OCHSNER CONNECTED STABILITY PROGRAM ALONE AND SHOULD SETUP REDUNDANT MONITORING SOLUTIONS TO ENSURE RELATED PROBLEMS ARE IDENTIFIED AND ADDRESSED AS QUICKLY AS POSSIBLE.

THE OCHSNER CONNECTED STABILITY PROGRAM IS NOT INTENDED TO BE THE PRIMARY SOLUTION FOR EMERGENCIES OR URGENT SITUATIONS. IF YOU OR ANOTHER PARTICIPANT ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. DO NOT DISREGARD OR DELAY SEEKING OUTSIDE MEDICAL ADVICE.

End Users Are Capable of Making Independent Decisions.

Generally, End Users are considered capable enough to make independent decisions about their health and safety.

Users Have the Right to Ignore Responder Recommendations.

Recommendations made by Responders in accordance with protocol are only recommendations. Participating End Users and Contacts have the right to ignore or otherwise dismiss recommendations unless cognitive impairment detected.

If Responder Detects Cognitive Impairment, Responder Can Make Decisions on Behalf of End User.

If End User is cognitively impaired, as determined by protocol, Responder can initiate emergency response without End User’s consent.

Ochsner Is Not Responsible For Costs Incurred By End User or Contacts.

Ochsner may facilitate services for End User, such as requesting emergency services or instructing End User or Contacts to schedule follow-up appointments with End User’s care team. Ochsner is not responsible for these costs incurred by End User or Contacts.

 

USERS AND CONSENT

Each Participating End User Account Will Have a Designated Primary User.

Each participating End User account will have an Account administrator, which may be the End User (“Primary User”), who will be responsible for setting up and managing the End User Profile. The Primary User’s responsibilities include:

  • setting up the End User Profile, including identifying Contacts;
  • setting up payment for associated fees (excludes OACN End Users);
  • giving, or obtaining and verifying, End Users’ consent; and
  • confirming End User has appropriate technology to participate.

The individual who sets up the End User Profile will automatically become the Primary User. This is established during the purchase process. The Primary User is not necessarily the End User and may not be part of Responders protocol unless designated at setup.

Contacts Have the Right to Make Decisions on Behalf of End User.

Contacts have the right to make decisions on behalf of the End User such as contacting emergency services.

The Primary User Must Have Authority to Set Up and Maintain an End User Account.

The Primary User is responsible for installing the Applications on the End User’s devices and must have their full authority to do so at signup. By ordering and installing any Program Applications, Primary Users represent they (i)are acting on behalf of End User, either pursuant End User’s express informed consent or as End User’s legal representative; and (ii) have provided Ochsner with accurate information regarding the End User, including the address and any other relevant information as requested by Ochsner.

The Primary User is Responsible for Ensuring All End Users Consent to Participation.

Before providing Ochsner with personal information about another individual or using the Program Technology to collect or otherwise process information about an identified or identifiable individual, the Primary User must obtain that individual’s express informed consent to do so. By using information about an identified or identifiable individual with Ochsner Connected Stability, Primary User is demonstrating its unrestricted authority to do so, and Ochsner relies on that demonstration of authority. Primary User will indemnify Ochsner from and against any claims by identified or identifiable individuals based on Primary Users’ lack of such authority.

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SIGNING UP

You Can Only Sign Up if You are Eligible.

Before you begin the enrollment process for yourself (or someone you are helping), make sure you (and any individual you are helping) are eligible to participate in Ochsner Connected Stability. To be eligible to participate in the program, an End User must satisfy the basic requirements detailed below.

  • Age: 18+ years old.
  • Capacity: Have legal capacity to consent to these Terms or be legally represented by someone else who can (and does) provide ascribed consent to these Terms.
  • Devices: Have an iPhone (version 8 or later), Apple Watch (version 4 or later),and accompanying cellular plan(s), if applicable.

These basic requirements must be satisfied to participate in Ochsner Connected Stability to comply the program’s policies as well as applicable laws and regulations. By taking steps to enroll, you demonstrate to Ochsner that you satisfy those requirements. Ochsner will rely on that demonstration, and you agree that reliance is reasonable.

You Begin Participation in the Program by Creating an End User Account During the Purchase Process.

You must create an End User Account (a “User Account”) to participate in the program. To create a User Account, click on the sign-up button on the Program Website’s homepage or follow other instructions as provided, and you will be directed to a sign-up and purchase portal. Simply follow the instructions provided in the sign-up portal to create your User Account. The User Account is created by the Primary User. The sign-up portal is used to collect information about you, link your User Account to your End User Profile, verify your identity, obtain your acknowledgement and consent to certain legal notices, pay fees, and manage account information. You will use the same User Account for the Program Applications and Program Website.

Not withstanding the foregoing, End Users who receive access to the Connected Stability platform and services through their participation in the Ochsner Accountable Care Network (“OACN”) may not be required to pay any subscription fees associated with their use of the Program.

To Create a User Account, You Need to Provide Ochsner with Personal Information.

The sign-up portal asks for information about you, so make sure you have that information handy before you start the enrollment process. This information includes information that will help Ochsner to verify your identity (“Identification Data”).

After You Provide Personal Information, You Will Need to Create or Link to an End User Profile.

The next step in the enrollment process is to create or link to a profile specific to your participating End User (“End User Profile”). The End User Profile is a central hub for Ochsner Connected Stability participation. The End User Profile is associated with the user of the Applications. The End User Profile is where Contacts are set for outreach after a fall event. This information is collected in the purchase process and can be updated by End Users by emailingconnectedstability@ochsner.org.

To Setup an End User Profile, You Need to Provide Ochsner with End User Information.

The End User Profile signup portal asks for information about the End User that is needed for Ochsner Connected Stability response to function as intended (“End User Data“).

Ochsner Follows Its Privacy Policies for the Personal Information You Provide.

Ochsner will only process the Identification Data, End User Data (and your other personal data) you provide in accordance with the Ochsner’s “Notice of Ochsner Connected Living Program Privacy Practices.” This notice explains how Ochsner collects, stores, protects, uses, transfers, and retains data about you (and other participants) and provides some information about your (and other participants’) privacy rights. You should make sure you review and understand this Notice of Ochsner Connected Living Program Privacy Practices before creating a User Account, because your consent is necessary to participate in Ochsner Connected Stability. Like these Terms, you demonstrate to Ochsner that you agree to the Notice of Ochsner Connected Living Program Privacy Practices by participating in Ochsner Connected Stability and you agree to any future change Ochsner makes to the Notice of Ochsner Connected Living Program Privacy Practices by participating after those changes take effect.

To Create a User Account, You Also Need to Make Some Acknowledgments.

The sign-up portal may ask you to acknowledge your receipt of some legal notices. The sign-up portal will provide you copies of those notices, but you can request additional copies by contacting Ochsner’s support team. These notices contain important information about your rights. So, make sure to read the notices carefully before you acknowledge that you have received them. You will not be able to move forward in the enrollment process without acknowledging receipt of all required notices.

You Authorize Ochsner to Take Steps to Verify Your Identity.

Ochsner may use a third-party vendor to help confirm your identity. You agree to cooperate with that third-party vendor and provide that vendor with truthful information, as requested.  You also consent to the third-party vendor’s sharing of the outcome of its verification process with Ochsner.

You Authorize Ochsner’s Third-Party Vendor to Obtain a Consumer Report for Identity Verification.

Pursuant to the federal Fair Credit Reporting Act (“FCRA”), you authorize Ochsner’s third-party vendor and its designated agents and representatives to conduct a comprehensive review of your background through a consumer report and/or an investigative consumer report that may be used as a factor in establishing your eligibility for any purpose under FCRA. You understand that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records.

You authorize the complete release of these records or data pertaining to you that an individual, company, firm, corporation, or public agency may have. You hereby authorize and request any present or former employer, school, police department, financial institution or other persons having personal knowledge of you to furnish Ochsner’s third-party vendor or its designated agents with any and all information in their possession regarding you in connection with the use of any product, service or experience you are signing up for. You authorize a photocopy of this authorization to be accepted with the same authority as an original.

You understand that, pursuant to FCRA, if any adverse action is to be taken based upon the consumer report, a copy of the report and a summary of the consumer’s rights will be provided to you. You further understand that by executing these Terms below you are signing this authorization electronically.

For clarity, Ochsner has a right (but not an obligation) to conduct or have a third-party vendor conduct the reviews discussed above.

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PAYMENTS AND FEES

Payment is Processed by Ochsner’s Payment Vendor.

Ochsner uses a third-party payment processing vendor (Authorize.net) to process fee payments, such as the Subscription Fees. All payment details, including credit card number and billing address is managed by our third-party vendor. Ochsner will not have access to these details.

Once the End User Profile is Finalized and Applications Installed, You Will Begin Paying the Subscription Fee.

Upon End User Profile completion, you will be notified of successful enrollment. Once the Applications are installed and transmitting data from the End User, the first month’s Subscription Fee is charged. Ochsner’s third-party vendor will use the same payment details used for the Device Fee during the signup and purchase process for the Subscription Fee. You can edit this payment information through the User Account on the Program Website at any time. Ochsner may change the Subscription Fee amount at any time, in its sole discretion. Not withstanding the foregoing, End Users who receive access to the Connected Stability platform and services through their participation in the Ochsner Accountable Care Network (“OACN”) may not be required to pay any subscription fees associated with their use of the Program.

Subscription Fees Are Subject To Change at Ochsner’s Discretion

Except as otherwise stated in these Terms, Ochsner retains the right to change the total dollar value of the Subscription Fee at Ochsner’s discretion, if applicable. If the Subscription Fee changes, you will receive a notice indicating this change and the date when you will start paying the new Subscription Fee amount, if applicable.  

You Are Eligible For A Refund In Certain Circumstances

You may be eligible for Subscription Fee refunds under certain circumstances. For more information on refunds, returns, cancellations and other customer policies, see website for details (https://connectedliving.ochsner.org/purchasepolicies).  

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RECEIVING AND INSTALLING YOUR PROGRAM DEVICES

To Take Advantage of Standard Program Features, You Need to Complete Application Installation.

You need to complete Application installation before use so you can take advantage of the standard program features. The Applications are designed for self-installation using provided instructions, but the Ochsner support team can walk you through the installation process once ready. Just make sure to have any required devices and information ready. For remote Application installation support, please contact the Ochsner support team by emailing connectedliving@ochsner.org.

Users Must Supply iPhone, Apple Watch, and Any Carrier Plans to Participate.

Ochsner Connected Stability Program is a combination of Applications and Responder services only. To participate, End User must supply iPhone (version 8 or later), Apple Watch (version 4 or later), and any accompanying cellular plans. Ochsner is not responsible for costs associated with purchase or use of these devices and carrier services.

Ochsner Does Not Manufacture Devices.

Ochsner does not manufacture the Devices, so Ochsner is neither responsible for any defects or issues with those products, nor any troubleshooting, repairs, or other maintenance on those devices, unless otherwise explicitly stated here.

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COMPLETING SETUP

Once Setup is Complete, You Will Have Access to Standard Program Features.

You will have access to Ochsner Connected Stability’s standard features once your enrollment is complete and your Applications are installed. These features include:

  • automated alerts to Ochsner Connected Stability Responders;
  • Responder outreach; and
  • access to User Account and Program Applications.

These features are subject to availability and Ochsner may modify, replace, or remove the standard features at its discretion. Ochsner is not required to provide any specific features.

Subscription Fees Only Cover Certain Products and Services.

A participating End User’s payment of Subscription Fees only covers the features described above for the applicable calendar month. The Subscription Fees do not cover other products and services. For example, an incomplete list of products and services that are not included in the Subscription Fees include:

  • cellular or internet services;
  • devices (iPhone and Apple Watch); and
  • medical care and medical supplies.

If Ochsner agrees to provide these products and perform these services for you, additional fees will apply unless otherwise determined by Ochsner in its sole discretion.

Once the User Account and Application Installation are Complete, Ochsner Will Begin to Receive Alerts.

If you disable any of the required Application permissions, Ochsner may no longer receive alerts and necessary information, and Ochsner’s Responder services may be impaired or impeded.

You Consent to Electronic Communications.

Your participation in Ochsner Connected Stability requires that you send and receive different forms of electronic communications with Ochsner and the Ochsner support team, such as e-mail communications, text messages, MyOchsner messages (and other forms of electronic messaging), and phone calls (“E-Communications”). E-Communications are subject to Ochsner’s Notice of Ochsner Connected Living Program Privacy Practices, and, by participating in the program and providing Ochsner with information about how to contact you via E-Communications (such as, your phone number or e-mail address), you demonstrate your consent to receive E-Communications as well as the following terms:

  • E-Communications may be recorded, stored and reviewed for quality assurance and training purposes;
  • E-Communications may contain your personal information and you acknowledge and accept the risks inherent in transmitting that information via E-Communications;
  • Ochsner or someone acting on Ochsner’s behalf may contact you through the phone number you provide, including calls and text messages, to receive informational or product/service-related (such as, progress tracking, reminders, etc.) communications relating to the program that may contain your protected health information (message and data rates may apply);

You may opt-out of some E-Communications and continue to participate in the program. Ochsner may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message. Please note, that by withdrawing your consent, some features and certain services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about the program’s products and services.

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ENDING OR SUSPENDING YOUR PARTICIPATION IN THE PROGRAM

If You Are Enrolled, Your Participation Will Be on a Monthly Subscription Cycle.

If applicable, your enrollment will be on a month-to-month basis. Your enrollment will automatically renew at the end of each month, unless your subscription otherwise ends, or you do not pay your subscription fees. Your subscription fees for a renewal month will automatically be charged to your credit card on file at the beginning of that renewal month. To change the credit card on file, Primary User must edit payment information in website End User Account. To stop automatic payments, Primary User must provide Ochsner notice at least three business days before the end of the month. Ochsner reserves the right to not renew your subscription if you do not maintain a valid form of payment for monthly subscription fees.

You May End Your Participation by Cancelling Your Subscription.

If applicable, you may end your participation in Ochsner Connected Stability by cancelling your subscription, which will take effect after the end of the current month if you do so at least three business days before that date. To cancel your subscription, you must provide Ochsner notice by logging into your User Account on the Program website and going to your profile to manage your subscription. Ochsner may need at least three business days to process your cancellation.

Ochsner May End or Suspend Your Participation If You Do Not Fulfill Your Responsibilities.

Ochsner may end or suspend your participation if you do not fulfill your responsibilities or if Ochsner has a reason to suspect that you are not fulfilling your responsibilities. Ochsner may exercise this right to end or suspend your participation at any time and in its sole discretion.

Ochsner May Also End Your Participation If Ochsner Decides to Stop Offering the Program.

Ochsner may also end your participation at any time if Ochsner decides to stop offering Ochsner Connected Stability. You agree that Ochsner Connected Stability is offered at Ochsner’s discretion and Ochsner has no obligation to continue to offer the program to you.

When Your Participation Ends or Is Suspended, Your Access to Program Features Stops.

Your access to Ochsner Connected Stability features will stop when your participation ends or is suspended. You have no right to receive access to any Ochsner Connected Stability products or services after your participation ends or while it is suspended.

Some of These Terms Will Continue to Apply After Your Participation Ends.

You will still be required to comply with some of these Terms after your participation ends. Applicable terms you must continue to comply with include:

  • your confidentiality and intellectual property protection obligations;
  • any requirements stated in the “Remedies and Disputes” section; and
  • other terms that should survive given their express provisions or context.  

Please keep a copy of these Terms for your records.

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YOUR RESPONSIBILITIES TO OCHSNER

Your Participation in the Program Depends on You Fulfilling Your Responsibilities.

You may continue to participate in Ochsner Connected Stability only if you continue to fulfill your responsibilities under these Terms. If Ochsner has reason to believe that you are not doing so, Ochsner may end or suspend your participation immediately and without warning. Some of your responsibilities may also last after your participation in Ochsner Connected Stability ends, as discussed in these Terms. For clarity, your responsibilities (like Ochsner’s responsibilities) under these Terms are binding legal obligations that can be enforced through legal proceedings.

You Promise That You Will Not Disclose Confidential Information that You Have Access To.

You may have access to Ochsner’s confidential information that Ochsner provides to participating End Users through the Program Mobile App (“Ochsner Confidential Information”), such as Ochsner Connected Stability content that is only available to subscribers. You may also have access to third-party vendors’ confidential information (“Third-Party Confidential Information”), such as software and content available through Third-Party Products and Services. These Terms refer to Ochsner Confidential Information and Third-Party Confidential Information together as “Confidential Information” for easy reference. Confidential Information does not include information that is publicly available if you (or anyone acting on your behalf)did not cause the information to be made publicly available.

You promise that you will not disclose Confidential Information that you have access to. You also promise to take reasonable steps to protect Confidential Information in your possession from unauthorized access. If Confidential Information in your possession is accessed without proper authorization or someone else requests that you provide such access (including through a subpoena), you promise to give Ochsner immediate notice of that access or request by contacting compliance@ochsner.org with detailed information and copies of related documents. If Ochsner asks for your help in responding to the request, you will cooperate with Ochsner, and Ochsner will pay your out-of-pocket, documented costs for cooperating, if any.

You Promise That You Will Not Violate Ochsner’s Intellectual Property Rights.

Ochsner Connected Stability includes features that are protected by intellectual property rights and other applicable laws. Ochsner benefits from these rights and they are valuable to Ochsner. For example, Ochsner’s intellectual property rights in Ochsner Connected Stability (the “Program IP”) include the kinds of rights listed below.

  • Trademark Rights. Ochsner uses trademarks, service marks, logos, design elements(sometimes called “trade dress”) and other devices (collectively, “Marks”)to distinguish its products and services from other businesses’ products and services. Ochsner owns or licenses its Marks, which allow Ochsner to develop goodwill in its brand.
  • Copyrights in Works. Ochsner uses program content (like written documents, images, videos, recordings, software, displays, and data sets) and other works of authorship (collectively,“Works”) that are protected by copyrights. Ochsner owns or licenses the copyrights in those Works, which allow Ochsner to give participating End Users conditioned access to copies of those Works.
  • Trade Secrets Rights. Ochsner uses information that is valuable to Ochsner because the information gives Ochsner an edge over competitors and competitors do not have access to it (“Trade Secrets”). Ochsner owns or licenses its TradeSecrets, which Ochsner uses to provide participating End Users with a superior program.
  • Patent Rights. Ochsner may have rights to use patented inventions (“Patent Rights”).Ochsner owns or licenses such Patent Rights, which allow Ochsner to make, outsource or sell covered products to participating End Users.
  • Other Program IP. Ochsner owns or licenses the Program Website, the Program Mobile App, and other Program Technology software and features customized for Ochsner Connected Stability.

This list does not include all Program IP, and available Program IP will change over time as Ochsner modifies the available Ochsner Connected Stability features.

You are responsible for making sure you (and anyone you are responsible for) does not misuse the Program IP. The Program IP will be licensed to you only as necessary for you to take advantage of available Ochsner Connected Stability features. Those licenses last only while Ochsner makes the relevant features available to you and the licenses are non-transferable, non-sublicensable, and revocable at anytime. Ochsner reserves all rights in the Program IP that are not licensed to you, and you promise not to contest Ochsner’s rights in any Program IP through litigation or other means.

You promise to not use the Program IP in any way that Ochsner or its applicable licensors do not expressly permit. Specifically, you promise:

  • you will not use Ochsner’s Marks without Ochsner’s prior written permission for such use;
  • you will only use the Program Technology for your personal, non-commercial use;
  • you will not alter or delete any proprietary rights notices provided with any Works, Marks or Devices (such as, “©”, “®”, “TM”); and
  • you will not violate copyrights in the Works made available to you (such as by reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting the Works), but you may do any of the following activities with the Works if done for your personal, non-commercial use and not for further reproduction, publication, or distribution: temporarily store copies in your computer’s RAM incidental to your access; store files that are automatically cached by your internet browser; print or download one copy of Program Content made available for printing or downloading; download a single copy of applications provided for download to your computer or mobile device, provided you agree to be bound by any additional End User license agreement for the applications; make use of social media features enabled by Ochsner.

If you fail to fulfill these promises or if you otherwise violate the Program IP, then you may cause Ochsner to suffer damages that you will be responsible for and you may violate other laws, including criminal laws. You must receive an express license from Ochsner before using any Program IP in a way that is not allowed under these Terms.

You Promise to Follow Third-Party License Terms.

Your use of Third-Party Products and Services may require you to agree to third-party license terms. Your agreement to those terms is required to use the applicable products and services as part of Ochsner Connected Stability. You promise to comply with any such third-party license terms you demonstrate your agreement to and to indemnify Ochsner against the third-party licensor’s claims that you breached those terms.

You Promise You Will Not Use the Program Technology in a Prohibited Way.

You may have access to some Program Technology while participating in the Program. Such Program Technology may include software, hardware, digital files, and other information technology resources. You must not use the Program Technology in any way that it is not designed for you to use. In addition, you promise:

  • you will only use the Program Technology for a lawful purpose in accordance with these Terms;
  • you will not use the Program Technology in anyway: that violates applicable laws or regulations (including, without limitation, any laws governing the export of data or software to and from the US); to exploit or harm others; to secretly surveil others who are not under your care pursuant to a legal relationship or court order; to transmit or enable you to send any advertising or promotional material or solicitations; to impersonate anyone else (if you have authority to represent someone, you must represent that person in your own name); that restricts or inhibits anyone’s permitted use or enjoyment of the Program Technology; that may harm Ochsner or that may expose Ochsner to liability; and
  • you will not use any means (including automated devices and processes) to access any Program Technology for the purpose of monitoring or copying data and other materials associated with such Program Technology or that interferes with the Program Technology’s functions;
  • you will not introduce any harmful or malicious code to the Program Technology or attack the Program Technology with a denial-of-service attack;
  • you will not attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any Program Technology; and
  • you will not attempt to gain unauthorized access to, interfere with, breach authentication and security measures for, damage or disrupt the Program Technology.

If you fail to fulfill these promises or if you otherwise misuse any Program Technology, then you may cause Ochsner to suffer damages that you will be responsible for and you may violate applicable laws, including criminal laws. You must receive express permission from Ochsner before using any Program Technology in a way that is not allowed under these Terms. Some of the Program Technology may be subject to additional terms of use that will be communicated to you, which you must follow when using the applicable Program Technology.

You Promise to Cooperate and Provide Accurate Information for Ochsner Connected Stability.

Ochsner Connected Stability does not work properly without your cooperation. You promise to cooperate by, among other things, keeping information current in your End User Profile and User Account, promptly responding to the Ochsner support team’s information requests, regularly collecting Sensor Data as instructed by Ochsner Connected Stability’s recommendations, and maintaining the Program Mobile App and other program resources in good working order (including by promptly installing software updates). You also promise to only provide Ochsner with information that is accurate and complete and that you can lawfully share. Ochsner is not responsible for any service delay or failure caused by your failure to fully cooperate.

You Promise to Not Violate Anyone Else’s Privacy Rights.

Ochsner Connected Stability involves monitoring activities and associating those activities with individuals who are identified or may be identified (such as, by identifying someone who lives alone at a given address). In addition, a participating End User may have the opportunity to provide further information about identified or identifiable individuals through the Program Mobile App. For these reasons, any such information, including related Sensor Data, may be personal to such individuals and protected by applicable privacy and data security laws. You promise to comply with applicable privacy and data security laws and only use Ochsner Connected Stability to monitor an identified or identifiable individual’s activities if you have their express consent to do so or you are the individual’s legal representative.

You Promise Not to Let Anyone Else Access or Use Your User Account.

Your User Account is unique to you and cannot be used by anyone else to participate in Ochsner Connected Stability. You are responsible for keeping your access credentials (such as, your username and password) safe from unauthorized use and you promise not to share your access credentials with anyone else. Ochsner will not ask you for your password outside the login portal, so you should not respond to any unsolicited request for that information, which may be a scam. You are responsible for all activity on your User Account, so you should: check it regularly to make sure it has not been accessed without your permission; exit your User Account at the end of each session; and use caution when accessing your User Account from a public or shared computer. Ochsner may (but is not obligated to) temporarily disable your User Account due to suspicious activity.

You Promise Not to Share Harmful or Forbidden Content.

You will not share harmful or forbidden content, including as defined bylaw or Ochsner’s policies, on any Ochsner Connected Stability platform. This prohibition includes any content that the average individual may consider fraudulent, libelous or obscene.

You Promise to Pay Your Fees on Time and Cover Related Expenses.

You promise to pay all fees you owe Ochsner for your participation in Ochsner Connected Stability on time and using a payment method that Ochsner makes available to you. If you are making online payments, you implicitly promise to Ochsner that: any credit card, debit card and bank account information you supply is correct and complete; your charges will be honored by the stated financial institution; you will pay the posted charges plus applicable taxes; you are the person in whose name the card was issued; and you are authorized to make a purchase or other transaction with that card. Ochsner authorizes and administers any refunds and exchanges in its sole discretion, and you may be asked to return any unwanted or defective items prior to authorization and administration of a refund or exchange. Ochsner has the right to cancel or suspend program services if Ochsner is unable to obtain payment.

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OCHSNER’S RESPONSIBILITIES TO YOU

Ochsner’s Limited Warranties to You.

If Ochsner allows you to participate in Ochsner Connected Stability and you are complying with these Terms, Ochsner warrants to you that:

  • Ochsner is authorized to provide you Ochsner Connected Stability features that Ochsner makes available to you;
  • to Ochsner’s knowledge, the products and services Ochsner provides you as part of Ochsner Connected Stability comply with applicable laws and do not infringe any third-party intellectual property rights;
  • the Program Technology materially complies with its documentation and specifications communicated to you in writing; and
  • Ochsner support team members have the necessary qualifications and skills to perform their assigned duties.
Ochsner Does Not Provide Any Other Warranties to You.

Ochsner does not provide any warranties other than those warranties expressly stated in the previous paragraph. TO THE FULLEST EXTENT ALLOWED BY LAW, OCHSNER HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NO DEFECTS (REDHIBITION), MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. HOWEVER, THIS DISCLAIMER AND OTHER DISCLAIMERS IN THESE TERMS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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IMPORTANT DISCLAIMERS

Ochsner Is Not Responsible for Third-Party Products or Services.

Ochsner coordinates with third-party vendors that may provide products and services to End Users participating in Ochsner Connected Stability (“Third-Party Products and Services”). Unless explicitly stated in these Terms, Ochsner is not responsible for Third-Party Products and Services, does not provide any warranties for Third-Party Products and Services, and cannot commit to supporting Third-Party Products and Services (besides basic troubleshooting). Third-Party Products and Services include products and services offered by the third-party vendors referenced in these Terms. This list is not complete, and the third-party vendors offering Third-Party Products and Services may change over time, without notice. However, Ochsner will try in good faith to inform you if any new products or services offered under Ochsner Connected Stability are Third-Party Products and Services.

The Program Technology and Program Content may contain links to third-party websites, resources, and content, which are provided for your convenience only. Links and content may include, for example, banner advertisements and sponsored links. Ochsner does not control the contents of those third-party sites, resources, and content, and accepts no responsibility for them or for any damage that they may cause. If you decide to access any of the third-party websites, resources, or content, you do so at your own risk and subject to their terms of use and privacy policies.

Ochsner Is Not Responsible for Your Mobile Phone, Apple Watch, Cellular Access, or Internet Access.

Ochsner is not responsible for your mobile phone, Apple Watch, cellular or internet connections, and other resources necessary for you to virtually access the Program Technology. You should contact the appropriate manufacturer or service provider for help with troubleshooting issues with such items and services.

Ochsner Is Not Responsible for Other Things Beyond Its Responsible Control.

Ochsner is not responsible for things beyond its reasonable control (“Force Majeure Events”), such as severe weather conditions, natural disasters, government actions, public health crises, war, riots, and third-party criminal activity. You agree that Ochsner will be excused from any failure or delay to provide you with Ochsner Connected Stability products and services due to a Force Majeure Event while the event causes that failure or delay. Ochsner agrees to work diligently to mitigation any failure or delay caused by a Force Majeure Event.

Ochsner Is Not Responsible for Equipment or Devices That Are Used Incorrectly By Users.

You are responsible for properly installing, caring for, maintaining, and using the Applications and the Program Technology. Failure to do so may result in inaccurate or disrupted data, loss of Program Technology functionality, and other Ochsner Connected Stability failures. Ochsner is not responsible for such failures due to incorrect installation, care, maintenance or use of the Devices and any Program Technology component.

The Program Does Not Guarantee Health Outcomes or Replace Health Care Services.

OCHSNER CANNOT GUARANTEE THAT YOUR PARTICIPATION IN OCHSNER CONNECTED STABILITY WILL RESULT IN POSITIVE HEALTH OUTCOMES. YOU SHOULD CONTINUE TO SEE YOUR PHYSICIAN AND OTHER HEALTHCARE PROVIDERS FOR ROUTINE CARE AND HEALTH MAINTENANCE.

The Program Technology and Program Content May Contain Errors and May Be Interrupted.

The Program Technology and Program Content, including Alerts, may contain errors and may be interrupted. Ochsner does not warrant that the Program Technology and Program Content will be error free, up-to-date, or uninterrupted. You should maintain another way to monitor important activities in case there is an error or interruption in the Program Technology and Program Content, including Alerts. For clarity, the Program Technology’s and Program Content’s possible errors include destructive code (sometimes called “computer viruses”) that can harm the hardware and software you are using to access such technology and content. You are responsible for maintaining enough protections (such as, anti-virus software and data backups) to safeguard against such possible errors.

You agree Ochsner will not be liable for any errors or interruptions associated with the Program Technology and Program Content, including any loss related to destructive code introduced to outside hardware or software by such technology and content. The Program Technology and Program Content, and any products or services associated with the Program Technology and Program Content, are provided on an “as is” and “as available” basis, and you use them are your own risk, without the benefit of any implied or default warranty of any kind. The Program Technology’s and Program Content’s presented information is made available solely for general information purposes. Ochsner does not warrant the information will be accurate, complete, or useful. Your reliance on such information is at your own risk. You agree Ochsner has no liability for your reliance on such information, any decision you make, or any action or inaction you take.

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REMEDIES AND DISPUTES

Ochsner Will Indemnity You if Another Person Files a Lawsuit Against You in Certain Cases.

If you are enrolled in Ochsner Connected Stability and in compliance with these Terms, Ochsner will indemnify you against final money judgments you are ordered to pay a third-party litigant in an IP Infringement Suit (as defined in the following sentences). Here, an “IP Infringement Suit” means a lawsuit that a third party brings against you based on that person’s claim that Ochsner Connected Stability products and services as provided to you(unmodified) violate that person’s patents, copyrights, or trademarks. Ochsner may choose to defend you in an IP Infringement Suit but may condition such defense on your cooperation and agreement to additional terms.

Ochsner Will Reimburse You for Paid Subscription Fees if It Fails to Meet Certain Standards.

If Ochsner provides services to you and those services do not meet or exceed the service standards and warranties in these Terms (“Service Standards”), your exclusive remedy against Ochsner will be to receive are imbursement for applicable subscription fees, prorated based on the extent of such failure.

You Must Timely Present Claims for Indemnification and Reimbursement to Ochsner.

You must deliver prompt notice (no more than five days from discovery) of any IP Infringement Suit or failure to meet Service Standards to Ochsner by contacting: Ochsner Clinic Foundation, 1514 Jefferson Highway, New Orleans, LA 70121, Attn: COO, Ochsner Connected Stability; with a copy to Ochsner Clinic Foundation, Office of Legal Affairs and Risk Management, 1450 Poydras St., Suite 2250, New Orleans, LA 70112, Attn: General Counsel. You agree Ochsner will not be responsible for any liability or costs that could have been avoided if Ochsner received such notice sooner.

Ochsner’s Indemnification/Reimbursement is Not Available in Some Cases.

Ochsner’s indemnification and reimbursement obligations above do not apply to an IP Infringement Suit or failure to meet Service Standards if such suit or failure: is based on any act or event that Ochsner is not responsible for under these Terms; is the result of your use of any program features (including Program Technology and Program Content) in a way that is not explicitly authorized by these Terms; is the result of your use of any program features (including Program Technology and Program Content) with any third-party products or services.

Ochsner Is Not Liable to You for Some Kinds of Damages.

YOU AGREE THAT OCHSNER, OCHSNER’S AFFILIATES, OCHSNER’S LICENSORS, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE TO YOU (OR ANYONE YOU REPRESENT) FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, RELATED TO YOUR PARTICIPATION IN THE OCHSNER STABILITY PROGRAM OR USE OF RELATED PRODUCTS AND SERVICES, EVEN IF FORESEEABLE.

Ochsner’s Total Liability to You Is Capped Based on Fees You Paid Ochsner to Participate.

You agree that Ochsner’s, Ochsner’s affiliates’, Ochsner’s licensors’, and their respective officers’, employees’, and agents’, total liability to you (and anyone you represent) will not exceed the amount you have paid Ochsner to participate in Ochsner Connected Stability during the twelve months before the liability first arose.  You acknowledge Ochsner relied on this liability cap when pricing the services made available to you.

These Terms Do Not Limit Your Rights Under Applicable Law that You Cannot Waive.

The limitation of liability set out above does not apply to liability resulting from Ochsner’s gross negligence or willful misconduct. THE LIMITATION ALSO DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Ochsner May Seek an Injunction Against You If You Misuse Any Program IP.

You acknowledge that Ochsner will suffer irreparable harm if you breach your obligations regarding the Program IP and Program Technology and, in such a case, Ochsner will be entitled to seek specific performance of those obligations, including in the form of an injunction.  You agree to waive any requirement that Ochsner provide security in a lawsuit for such specific performance.

You Will Indemnify Ochsner if Another Person Files a Lawsuit Against It in Certain Cases.

You agree to indemnify Ochsner against final money judgments Ochsner is ordered to pay a third-party litigant in a Covered Suit (as defined in the following sentence) and any associated attorneys’ fees and costs. Here, a “Covered Suit” means a lawsuit that a third party brings against Ochsner based on that person’s claim that you did something that constitutes a violation of these Terms.

Louisiana Law and Applicable Federal Law Govern These Terms.

You and Ochsner agree that these Terms are governed by Louisiana state law and applicable federal law. You and Ochsner also agree that no other state law will be used to interpret these Terms.

You and Ochsner Agree to Litigate Claims Related to the Program in Jefferson Parish, LA.

Ochsner Clinic Foundation is a Louisiana non-profit corporation that is based in Louisiana. You and Ochsner agree that only state and federal courts located in Jefferson Parish, Louisiana have jurisdiction over claims related to Ochsner Connected Stability and these Terms. You waive objections to such court’s exercise of jurisdiction over you and venue. You and Ochsner will not bring or transfer any lawsuit for such claims to any court outside of Jefferson Parish, Louisiana.

You and Ochsner Agree to Attempt to Resolve Any Dispute Before Resorting to Litigation.

You and Ochsner agree to attempt to resolve any dispute related to Ochsner Connected Stability in good faith before resorting to litigation, unless immediate litigation is needed to maintain a legal right or prevent irreparable harm.

You Have Only One Year to File Claims Against Ochsner Related to the Program.

If you believe you have a legal claim against Ochsner related to Ochsner Connected Stability, such as a contract claim or tort claim, you must file that claim with the appropriate court within one year after the claim accrues. You agree that this limited time to file claims restricts any prescription period or statute of limitations provided by applicable law. If you do not file a claim within that time, you agree the claim will be permanently barred.

You Agree to Waive Any Right to a Jury Trial in Litigation Between You and Ochsner.

YOU NOW WAIVE AND AGREE TO WAIVE ANY RIGHT YOUMAY HAVE TO A JURY TRIAL UNDER APPLICABLE LAW IN LITIGATION BETWEEN YOU AND OCHSNER THAT IS RELATED TO OCHSNER CONNECTED STABILITY.

You Agree to Waive Any Right to Participate in a Class Action Lawsuit Against Ochsner.

YOU NOW WAIVE AND AGREE TO WAIVE ANY RIGHT YOU MAY HAVE UNDER APPLICABLE LAW TO PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST OCHSNER THAT IS RELATED TO OCHSNER CONNECTED STABILITY.

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OTHER AGREEMENTS

Miscellaneous Agreements.

You and Ochsner agree the following terms will also apply to your participation in Ochsner Connected Stability:

  • Ochsner may send you formal notices by e-mail to the email address listed in your User Account;
  • you may contact Ochsner Connected Stability’s customer support for routine questions and requests by emailing connectedliving@ochsner.org;
  • you must send formal notices regarding non-routine issues (such as requests for indemnification) to Ochsner at: Ochsner Clinic Foundation, 1514 Jefferson Highway, New Orleans, LA 70121, Attn: COO, Ochsner Connected Stability; with a copy to Ochsner Clinic Foundation, Office of Legal Affairs and Risk Management, 1450 Poydras Street, Suite 2250, New Orleans, LA 70112, Attn: General Counsel;
  • Ochsner offers Ochsner Connected Stability as an independent contractor, only;
  • Ochsner may transfer its rights and delegate its obligations under these Terms;
  • you may not transfer your rights or delegate your obligations under these Terms, because those rights and obligations are personal to you;
  • these Terms benefit you, any person you represent (with proper authority), Ochsner, and Ochsner’s affiliates and licensors, and no one else;
  • these Terms can only be modified by Ochsner’s change notice or a Separate Contract that Ochsner’s authorized representative signs;
  • Ochsner and you will comply with all applicable law, and any interpretation of these Terms to the contrary is void and unenforceable;
  • if any of these Terms do not comply with applicable law or are otherwise unenforceable, then such terms will be severed from the rest of these Terms and the rest of these Terms will remain in effect;
  • unless a Separate Contract applies, these Terms and the documents referenced in these Terms represent the entire agreement between you and Ochsner as to Ochsner Connected Stability; and
  • unless these Terms provide otherwise, for you or Ochsner to waive any rights under these Terms, the waiver must be explicit and in writing.
How You Can Contact Us.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy as directed in that policy.

All other feedback, comments, requests for technical support, and other communications relating to Ochsner Connected Stability should be directed to the Ochsner Connected Stability team by emailing connectedstability@ochsner.org.

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ELECTRONIC SIGNATURE

You understand and agree that by checking the box, you are signing this authorization electronically, and that signature has the same legal effect as a handwritten signature.

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