Terms And Conditions

At Ola Digital Health, we strive to offer innovative, reliable technology solutions to our customers. Our products and services are tailored to fit individual and business needs, providing digital healthcare management and a personalized approach to health. These are the terms of use (“Terms of Use”) that govern your use of services or features on the websites owned or operated by Ola Digital Health (“ODH,” “we,” or “us”), including the website located at oladigitalhealth.com, on which these Terms of Use are posted or referenced (collectively, the “Site”). These Terms of Use apply to your access to and use of our Site, regardless of your means of access. Ola Digital Health collection and use of personal information in connection with the Site is described in Ola Digital Health’s website Privacy Policy. BY USING OUR WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND OUR WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE WITH EITHER OF THESE, YOU SHOULD NOT USE OUR WEBSITE. IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND ODH CAN BE BROUGHT. PLEASE REVIEW SECTION 8 OF THIS AGREEMENT CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES BETWEEN YOU AND ODH BY BINDING, INDIVIDUAL ARBITRATION.

1. Your Use of the Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (the “Content”) solely for your non-commercial, personal purposes and/or to learn about ODH products and services, and solely in compliance with these Terms and Conditions of Use. You may only use the Site for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm ODH or users of the Site, or expose them to liability.
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.
• Accumulate or index, directly or indirectly, any content or portion of the Site for any purpose whatsoever.
• Data-mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to monitor, gather, extract or copy data, Content, or other information from the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content thereon.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

In addition to our rights in these Terms and Conditions of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms and Conditions of Use.

2. Copyright & Trademarks

All content provided on the Site is the copyright of Ola Digital Health or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Ola Digital Health and is protected by U.S. and international copyright laws. All software used on the Site is the property of Ola Digital Health or its software suppliers and is protected by U.S. and international copyright laws. We give you permission to use the Site content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, modify, display, reproduce, distribute, republish, prepare derivative works of, sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Ola Digital Health nor its content suppliers grant you any express or implied rights, and all rights in the Site not expressly granted by Ola Digital Health to you are retained by Ola Digital Health. The Ola Digital Health name and logo is a registered trademark of Ola Digital Health. You may not use our trademarks in connection with any product or service that is not the property of Ola Digital Health, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ola Digital Health or its affiliates. Nothing in these Terms and Conditions of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Ola Digital Health Trademark displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Ola Digital Health Trademarks will inure to our exclusive benefit. Other company products and service names and logos used and displayed via the Site may be trademarks or registered trademarks of their respective owners and are used herein solely for descriptive purposes. Mention on this Site of trademarks held by other parties should not be construed as a challenge to said trademarks’ status or ownership.

3. User Content You Post or Provide

You represent that you have all right, title, and interest to materials you post on the Site or provide to Ola Digital Health (“User Content”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the User Content, and that posting such User Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted User Content is true and your own work or work you are authorized to submit, and that the posted User Content do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the User Content you supply does not violate these Terms and Conditions of Use.

4. Disclaimers

You acknowledge that Ola Digital Health has no control over, and no duty to take any action regarding what content you access, what effect that content may have on you, how you may interpret or use that content, or what actions you may take as a result of having been exposed to that content. You agree that you must evaluate, and bear all risks associated with, the use of any content on the Site, including any reliance on the accuracy, completeness, or usefulness of such content. You release us from all liability for your use of or inability to use the Site. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns make no representations or warranties regarding suggestions or recommendations of services listed on the Site, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. THE SITE AND ALL CONTENT THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ODH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE OPERATION OF THE SITE OR THE CONTENT, THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLA DIGITAL HEALTH DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.

5. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLA DIGITAL HEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.  IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, OLA DIGITAL HEALTH IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF OLA DIGITAL HEALTH AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

6. Indemnity

To the extent allowed by applicable law, you agree to indemnify, defend (at Ola Digital Health’s option) and hold harmless ODH against all third-party claims (including, without limitation, by governmental agencies), demands, damages, costs, penalties, fines, and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of the Site or your breach of these Terms and Conditions of Use.

7. Reservation of Rights

Ola Digital Health reserves the right, at any time, without notice and in its sole discretion, to terminate your right to use the Site and to block or prevent your future access to and use of the Site. All terms survive termination of these Terms and Conditions of Use that by their nature survive for a party to assert its rights and receive the protections of these Terms and Conditions of Use. Ola Digital Health reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms and Conditions of Use.

8. Governing Law and Arbitration

While we hope that we can work through any disagreements you might have with Ola Digital Health, if a dispute needs to be further resolved, such resolution must be sought in accordance with this Section 9. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, AS IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. 1. Governing Law: These Terms and Conditions of Use and any action related thereto are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida (without regard to conflicts of law principles).
   2. General Arbitration Process: Any dispute or claim that may arise between the parties relating in any way to or arising out of these Terms and Conditions of Use, your use of or access to the Site (“Claim”), must be resolved exclusively through final and binding arbitration (rather than in court) under the then-current Consumer Arbitration Rules of the American Arbitration Association. For more information, visit www.adr.org. Any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction. Nothing in these Terms and Conditions of Use prevents you or us from seeking injunctive or equitable relief in any court of competent jurisdiction or from asserting an individual claim in small claims court if a claim qualifies. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party. The arbitration will be held in either: (i) in Tampa, Florida or (ii) at your election, via videoconference.
   3. Enforcement: Notwithstanding Section 10(b), Ola Digital Health may bring an action to enforce its intellectual property or other proprietary rights in any court of competent jurisdiction.
   4. Equitable Relief: Notwithstanding anything above, Ola Digital Health may seek and obtain injunctive and equitable relief in any court of competent jurisdiction without restriction or required process in these Terms and Conditions of Use.
   5. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS: EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL PARTY BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION AND REPRESENTATIVE ACTION WAIVER PROVISION IS HELD TO BE UNENFORCEABLE, THEN SECTION 10 (b) SHALL ALSO BE UNENFORCEABLE.

9. Miscellaneous 
   1. Entire Agreement; Waiver: These Terms and Conditions of Use and any supplemental terms, policies, rules, and guidelines posted through the Site, each of which are incorporated herein by reference, including the Website Privacy Policy, constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements, whether written or oral, related to this subject matter. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
   2. Assignment: Ola Digital Health may assign or transfer these Terms and Conditions of Use to any third party without consent. You may not assign or transfer these Terms and Conditions of Use to a third party without the prior written consent of Ola Digital Health. Any assignment in violation of this section shall be null and void.
   3. Severability: In the event any one or more of the provisions of these Terms and Conditions of Use shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions of Use shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms and Conditions of Use remain in full force and effect and enforceable.
   4. Consent to Electronic Communications: When using our Site, including the scheduling feature, you may be prompted to provide a cell phone number and email address. By voluntarily providing your cell phone number or email address to Ola Digital Health, you agree that Ola Digital Health may contact you by telephone, SMS or MMS message, or email to send you information that we think may be of interest to you at that phone number or email address.

You hereby consent to receiving such communications for transactional, operational, or informational purposes. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You can opt out of receiving text messages at any time by following the given instructions for doing so. Note that opting out of receiving all texts may impact your use of the Site.

10. Changes to Terms and Website

We may revise and update these Terms and Conditions of Use and the Site from time to time. If we decide to change these Terms and Conditions of Use, we will post a new version on the Site and update the date set forth below. All changes or modifications to these Terms and Conditions and Use will be effective when we post them. Your continued use of the Site following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. For this reason, you should frequently review these Terms and Conditions of Use, including the date of last update, to understand the terms and conditions that apply to your use of the Site.