Terms of Use for the Digital Medicine User Platform 

Last Updated February, 2025

Welcome to the Digital Medicine user platform (the “User Platform”), which includes the Scheduling Portal and the Digital Medicine App, provided by Ochsner Clinic Foundation and its contributing affiliates (collectively, “Ochsner”). The scheduling portal is used to collect information about you, verify your identification, acknowledge and consent to certain notices, pay fees, and manage account information. The Digital Medicine App will be used for ongoing reading submission, notifications, and interactive tools including certain messaging features, education, program preference information.

Please read these Terms of Use (these “Terms”) before getting started. These Terms provide important information about how the User Platform works and what legal terms govern your participation in the Digital Medicine Program.

These Terms

These Terms Are Legally Binding.

These Terms are legally binding on all end-users participating in the User Platform, including you. An individual end-user’s (including your) participation includes but is not limited to using the program technology, creating a User Account, giving information to Ochsner, applying to enroll, 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 apply to any person’s participation in the User Platform unless Ochsner has signed a separate written contract regarding that person’s participation that explicitly supersedes these Terms (a “Separate Contract”).

You Should Review These Terms Closely.

These Terms provide an overview of each end-user’s (including your) legal rights and obligations as a participant in the User Platform. Before you start participating in the User Platform, make sure you review and understand these Terms. Likewise, before you help anyone else to participate in the User Platform, make sure that person reviews and understands these Terms.

You Accept These Terms by Participating in the User Platform.

You demonstrate to Ochsner that you agree to these Terms by participating in the User Platform. 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 the User Platform in a representative capacity, you demonstrate to Ochsner that you have authority to agree to these Terms on behalf of the represented person. Ochsner relies on these demonstrations.

You May Not Participate in the User Platform 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 are representing, you are not allowed to participate in the USER PLATFORM IN ANY WAY (SUCH AS by accessing any program techNology OR GIVING OCHSNER ACCESS TO INFORMATION). Both your acceptance of these Terms and your compliance with these Terms are conditions to your authorized participation in the User Platform.

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

Ochsner may change these Terms (and any Digital Medicine Program 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 provides you with a change notice. Ochsner will provide a change notice using one or more methods intended to give you actual notice, like posting the change on the program website or sending you an email. However, actual notice is not required if Ochsner took reasonable steps to notify you. Ochsner expects you to check your User Account and e-mail account often so you can review change notices in a timely manner, and you agree this expectation is reasonable.

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

Your continued participation in the Digital Medicine Program after Ochsner provided 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 that these Terms embody. If you do not agree to OCHSNER’s FUTURE changes to these terms, you may not continue to participate in the User Platform AFTER THOSE CHANGEs GO INTO EFFECT.

You Need to Complete the Enrollment Process to Access the Program’s Benefits.

Regardless of how the Digital Medicine Program is being offered to you, Ochsner is committed to providing all end-users with a high-quality products and services. The Digital Medicine Program is not right for everyone, especially those that do not have a covered condition. To be eligible to participate in the program, an end-user must satisfy the basic requirements detailed below.

• Age: Age of majority and reside in a state in which Digital Medicine is offered 
• A reasonable belief that you have a covered condition
• Access to a compatible smartphone 
• Have or be willing to create a MyOchsner account 

By applying to enroll, you demonstrate to Ochsner that you satisfy those requirements. Ochsner will rely on that demonstration.

scheduling portal scheduling portal scheduling portal 

You Need to Provide Ochsner with Personal Information.

The scheduling portal asks for information about you that will help Ochsner to verify your identity (“Identification Data”) and if needed create a User/MyOchsner account, such as:

• your name;
• your sex;
• your date of birth; and
• your contact information.

In addition, the scheduling portal may ask you to provide some information about your health (“Health Data”) that will help Ochsner to determine if the Digital Medicine Program is right for you.

The requested Identification Data and Health Data is necessary to create a User Account and move forward in the enrollment process.

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

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

You Also Need to Make Some Acknowledgments.

The scheduling portal asks you to acknowledge your receipt of some legal notices. The scheduling portal will provide you copies of those notices, but you can request additional copies by contacting your care 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 will have the opportunity to download and save copies of each completed acknowledgment after those steps are finished.

You Authorize Ochsner to Take Steps to Verify Your Identity.

Ochsner will 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 for verifying your identity to participate in the Digital Medicine Program.

You Authorize Ochsner’s Third-Party Vendor to Obtain a Consumer Report to Generate an Individual 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 credit, insurance or for any other purpose in the 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 me 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 me to furnish Ochsner’s third-party vendor or its designated agents with any and all information in their possession regarding me in connection with the use of this product, service or experience You are signing up for. You are authorizing that a photocopy of this authorization be accepted with the same authority as the original.

You understand that, pursuant to the federal Fair Credit Reporting Act, 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 me. You further understand that by typing your name here you are signing this authorization electronically.

Ochsner Will Create Your User Account.

Ochsner will create a user account (a “User Account”) on the User Platform.

Your use of the User Account remains subject to these Terms, and you may use your User Account or permit anyone else to access or use your User Account in an unauthorized way.

Creating a User Account Does Not Guarantee Enrollment in the Program.

Creating a User Account is the first main step in the enrollment process, but Ochsner does not guarantee your enrollment in the Digital Medicine Program when you create a User Account. A User Account provides basic information that the Enrolling Physician will use to determine if the Digital Medicine Program is right for you, but your enrollment will require a more thorough examination by an enrolling provider. This examination will take place during your Initial Health Assessment.

You Should Not Put Off Needed Care 

The enrollment process is not instantaneous and is not guaranteed. YOU SHOULD NOT put off needed care and health maintenance in anticipation enrollment. You should continue to see your physician/provider outside of the Digital Medicine program for routine care, health maintenance and other health issues. In case of emergency, you must go to the nearest emergency room or dial “911” immediately. Do not disregard or delay seeking medical advice outside the digital medicine program.

The Care Team Will Let You Know if They Do Not Think the Program is Right for You.

A provider will determine if participation in the Digital Medicine Program is right for you. Although the enrolling provider uses some standard criteria to make that determination, the determination is always subject to the enrolling provider’s sole professional judgment.

If the enrolling provider deems you appropriate for enrollment, you will receive instructions on the next steps to complete the enrollment process.

You Consent to Communications.

Your participation in the Digital Medicine Program requires that you send and receive different forms of electronic communications with Ochsner and the Care Team (“E-Communications”), like e-mail communications, text messages, phone calls, in-app messages, in-app notifications, and video conferencing. E-Communications are subject to Ochsner’s Notice of 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 protected health information and you acknowledge and accept the risks of 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, but not all, E-Communications and continue to participate in the program. We may confirm your opt out by app notification or text message, depending on the type of e-communication. 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 e-communications from us you may not receive important and helpful information and reminders about the program’s products and services.

Ochsner Provides Only Limited Support for Third-Party Products and Services.

Although Ochsner will try to help you with basic troubleshooting for Third-Party Products and Services, Ochsner is not responsible for providing support and maintenance for Third-Party Products and Services. If Ochsner’s support staff is not able to help you resolve an issue with a Third-Party Product or Service, you may be directed to the third-party vendor for further assistance. Any such issues are ultimately between you and the third-party vendor, but you can make a complaint to Ochsner about a third-party vendor that does not resolve issues to your satisfaction by contacting the Ochsner Digital Medicine team at 866-806-4058.

Ochsner Works with Third-Party Vendors to Administer the User Platform, and You Are Also Subject to Their Terms and Privacy Policies.

Ochsner works with the following Third-Party vendors: 

• Identity Verification: Authenticating.com 
  1. https://authenticating.com/terms-of-use.html 
  2. https://authenticating.com/privacy-policy.html 
• Patient Portal: MyOchsner (MyChart for Ochsner Health)
  1. https://my.ochsner.org/PRD/default.asp?mode=stdfile&option=termsandconditions
  2. https://my.ochsner.org/PRD/default.asp?mode=stdfile&option=hlthprivacy 
• Devices and Device Apps: iHealth Labs
  1. https://ihealthlabs.com/about-us/terms-and-conditions/
  2. https://ihealthlabs.com/about-us/privacy-policy/

Your Responsibilities to Ochsner

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

You may have access to confidential information that Ochsner provides to participating end-users through the integrated apps (“Ochsner Confidential Information”), such as Digital Medicine Program content that is only available to enrolled end-users. 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. If Ochsner asks for your help in responding to the request, you will cooperate with Ochsner, and Ochsner will pay out-of-pocket costs you incur by cooperating.

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

The Digital Medicine Program includes features that are protected by intellectual property rights and other applicable laws. Ochsner benefits from these rights. For example, Ochsner’s intellectual property rights in the Digital Medicine Program (the “Program IP”) include the following kinds of rights.

• 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 (such as, 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 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 Trade Secrets, which Ochsner uses to provide participating end-users with a better, more cost-effective 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 or sell covered products to participating end-users.
• Other Program IP. Ochsner owns or licenses the program website, User Platform, and other program technology software and features customized for the Digital Medicine Program.

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

You are responsible for making sure you do not misuse the Program IP. The Program IP will be licensed to you only as necessary for you to take advantage of Digital Medicine Program features Ochsner makes available to you. Those licenses last only while Ochsner makes the relevant features available to you and the licenses are non-transferable, non-sublicensable, and revocable at any time. Ochsner reserves all rights in the Program IP that are not licensed to you, and you promise not to contest Ochsner’s rights in the Program IP.

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 or Marks (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, 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 the Digital Medicine Program. You promise to comply with any such third-party license terms you demonstrate your agreement to and to indemnify Ochsner against the 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 any way: 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 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 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 the Digital Medicine Program. 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, 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 disable your User Account due to suspicious activity. Your user account may be accessed by the User’s Authorized Representative, but the User assumes all responsibility for Authorized Representatives access and use of the platform.

You Promise Not to Let Anyone Else Receive Health Services in Your Name.

You promise not to allow anyone else to participate in the Digital Medicine Program or otherwise receive health services under your name. The Digital Medicine Program’s success depends on information unique to each individual participant, so allowing others to use your account is both forbidden and dangerous.

You Promise Not to Share Harmful or Forbidden Content.

You will not share harmful or forbidden content as defined by law and Ochsner’s policies on any Program Platform.

Ochsner’s Responsibilities to You

Ochsner’s Limited Warranties to You.

If Ochsner allows you to participate in the Digital Medicine Program and you are complying with these Terms, Ochsner warrants to you that:

• Ochsner is authorized to provide you the Digital Medicine Program features that Ochsner makes available to you;
• to Ochsner’s knowledge the products and services Ochsner provides you as part of the Digital Medicine Program 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;
• Providers on the care team 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 PROVIDED BY LAW, OCHSNER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF 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.

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 the Digital Medicine Program (“Third-Party Products and Services”). 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 the Digital Medicine Program are Third-Party Products and Services.

The program technology and Program Content may contain links to third-party websites and resources and third-party 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.

Ochsner Is Not Responsible for Your Computer or Internet Access.

Ochsner is not responsible for your computer, internet connection 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 Reasonable 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 Digital Medicine Program 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.

The Digital Medicine Program is Not an Insurance Product.

 The Digital Medicine Program is not an insurance plan and does not substitute for an insurance plan.

The Program Does Not Guarantee Health Outcomes or Replace Other Forms of Care.

Ochsner cannot guarantee that your participation in the Digital Medicine Program will improve your Covered Condition or result in positive health outcomes. You should continue to see your physician and other Providers outside of the Digital Medicine Program for routine care and health maintenance. This program is designed to manage only your Covered Condition VIRTUALLY TO THE EXTENT CLINICALLY RESPONSIBLE. You should still see a physicianand other Providers outside of the Digital Medicine program, as directed.

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 measure health indicators related to your covered condition 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.

You May Only Access the Program Features from Authorized States and the District of Columbia

Ochsner only operates each version of the Digital Medicine Program in certain states (please click the link for a listing of current states) for residences of those states. Ochsner does not claim that the Digital Medicine Program features are accessible or appropriate outside of those states. Access to the Digital Medicine Program Features may not be legal by certain persons or in certain jurisdictions. If you access the Digital Medicine Program from outside the designated states, you do so on your own initiative and are responsible for compliance with local laws.

Remedies and Disputes

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

If you are enrolled in the Digital Medicine Program 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 a that person’s claim that Ochsner’s Digital Medicine Program 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.

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 both of the following: Ochsner Clinic Foundation, 1514 Jefferson Highway, New Orleans, LA 70121, Attn: COO, Digital Medicine; and 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 if 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 or 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 digital medicine 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 the digital Medicine Program during the twelve months before 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. 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 a 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 the Digital Medicine Program and these Terms. You waive any and all 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 located 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 the Digital Medicine Program 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 the Digital Medicine Program, 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 period 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 period, you agree the claim will be permanently barred.

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

You NOW WAIVE AND agree to waive any right you may have to a jury trial under applicable law in litigation between you and Ochsner that is related to the Digital Medicine Program.

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 the Digital Medicine Program.

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 the Digital Medicine Program. You agree that the Digital Medicine Program 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 Digital Medicine Program features will stop when your participation ends or is suspended. You have no right to receive access to any Digital Medicine Program products or services after your participation ends or while it is suspended.

Ochsner May Change Features at Any Time.

Ochsner may change the Digital Medicine Program features over time at its discretion. If you are not satisfied with the features being offered at any time, you may cancel your subscription.

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.

Other Agreements

Miscellaneous Agreements.

You and Ochsner agree the following terms will also apply to your participation in the Digital Medicine Program:

• Ochsner may send you formal notices by e-mail to the email address listed in your User Account, MyOchsner, or via USPS;
• you may contact the Digital Medicine Program’s customer support for routine questions and requests at 866-806-4058;
• 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, Digital Medicine; and Ochsner Clinic Foundation, Office of Legal Affairs and Risk Management, 1450 Poydras St., Suite 2250, New Orleans, LA 70112, Attn: General Counsel;
• Ochsner offers the User Platform 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 may 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 the User Platform; 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.

The Program Is Not Real-Time and Not for Emergencies.

WHILE THE PROGRAM INCLUDES SOME REAL-TIME AUTOMATED MESSAGING AND ALERTS, HUMAN MONITORING AND SUPPORT IS ONLY AVAILABLE DURING LIMITED BUSINESS HOURS.

The Digital Medicine Program is not FOR emergencies or urgent situations. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. Do not disregard or delay seeking medical advice outside the digital medicine program.

You Demonstrate You Accept These Terms by Participating or Click-Through Acceptance.

How You Can Contact Us.

It is the policy of the Company to terminate the user accounts of repeat infringers. 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 the Digital Medicine Program should be directed to the Ochsner Digital Medicine team by calling 866-806-4058.