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Out-Of-Pocket Health Participant Agreement


Program Terms 

These terms and conditions (the “Program Terms”) govern your purchase and use of all events and courses sponsored or presented by Out-Of-Pocket-Health, LLC (“OOPH”) that you attend, use or in which you participate, whether in-person, virtually or otherwise, and now, in the past or future, including (but not limited to) the online program from OOPH for which you are registering (collectively, the “Program”). These Program Terms constitute a legally binding agreement (the “Agreement”) between you and OOPH. Throughout this Agreement, you will be referred to as “you” or as a “Visitor,” or as applicable, as a “User” or “Purchaser.”

By registering for, paying for, launching, using or attending the Program, you are agreeing to these Program Terms for what you agree is good and adequate consideration.

OOPH may update these Program Terms at its discretion, from time to time. OOPH will post the most recent Terms at this site; the most recentProgram Terms posted shall govern and constitute your Agreement with OOPH. Each time you use or open the Program or purchase or use an OOPH Program, you are agreeing to the most recent version of these Program Terms. Please be advised that you have the responsibility to continue to check this site to read and understand the most current Program Terms. OOPH may, but does not need to, notify you that it has updated and revised these Program Terms. You may also obtain the most recent Program Terms on request by email to nikhil@outofpocket.health; the Subject Line of such email must read “Request for OOPH Program Terms.”

The Program is ©2023 Out Of PocketHealth, LLC. All Rights Reserved.

The Program is intended solely for the use of individuals seeking to learn information for their personal, non-professional use. OOPH is granting you a limited, revocable, non-transferable, non-assignable, non-sublicense-able and non-exclusive license to access and use the Program one time, for your personal use, in strict accordance with these terms and conditions, which incorporate our other websiteTerms at https://www.outofpocket.health/terms  (to which website terms you now also agree and which may be revised in our discretion from time to time). OOPH may in its sole discretion terminate your license to the Program and/or to any related or incorporated images, text, audio, video, slides, recordings, information and other content (collectively, the “Content”).

CONFIDENTIALITY: You are agreeing to keep the Program and Content confidential. You may engage with or use the Content only for its intended educational and training purposes, and you agree not to disclose this Content to others. You agree to not sell or re-use the Content for any commercial end or purpose, in whole or in part. OOPH retains all rights to the Program, including but not limited to the right to make derivative works.

DO NOT RECORD ANY PART OF THIS CONTENT IN ANY FORM (including audio, video or stills).

DO NOT SHARE ANY PART OF THIS CONTENT WITH ANYONE
.

DO NOT VIEW THIS CONTENT IN A PUBLIC PLACE, or in a way that would allow others to see or hear/overhear it.

RESPECT AND OWNERSHIP. This content was written, edited and prepared by an independent contractor (an“Instructor”), in their own editorial discretion. Learners respect the work of their teachers, and members of a community support those who do work for the community, as our Instructors teach and work for the OOPH community. Therefore, you are agreeing not to infringe the intellectual property contained in and constituted by this Content (including but not limited to copies of presentations/handouts distributed during the program, if any). Again, do not copy this Content or share or distribute it in any way.

All intellectual property rights subsisting in the Program are and shall remain the sole property of OOPH and its licensors. You are not authorized or licensed to, and you shall not, produce, manufacture, copy, sell or design similar goods, services or courseware or any other derivative works based on OOPH’s intellectual property rights.

Except as expressly permitted by this Agreement, you shall not copy, duplicate, distribute, reverse-engineer, reverse-compile, disassemble, record, modify or otherwise reproduce any part of the Program or Content, nor attempt to do any of the foregoing, without obtaining prior written approval of OOPH. You acknowledge that (1) the Program and any modifications, compilations or derivative works, whether in tangible or intangible form and (2) any embodiments of the Program or Content that may be generated by User or others whether pursuant to or in violation of thisAgreement are deemed to be the sole and exclusive property of OOPH. Subject to the limited license granted to you by OOPH under this Agreement, OOPH reserves all of its right, title and interest in the Program and any and all patent rights, copyrights, trademarks, trade secrets and all other intellectual property rights inherent in or in connection therewith. This Agreement is non-exclusive and OOPH may enter into similar agreements with other individuals or entities at its sole discretion.

PERSONAL RESPONSIBILITY. You are also agreeing to respect the spirit in which yourInstructors are offering this content. The business and science of healthcare is always changing, and any individual patient’s or insured’s experiences and outcomes in any given situation will always vary based on the individual and many other factors.

THEREFORE[JM1] , YOU ARE AGREEING THAT YOU UNDERSTAND THAT THE PRACTICES, APPROACHES, IDEAS, STRATEGIES,LAWS AND REGULATIONS DISCUSSED IN THIS CONTENT DO NOT GUARANTEE ANY PARTICULAR OUTCOME, AND THAT OOPH AND ITS ADVISORS, WRITERS, INSTRUCTORS, TRAINERS,CONTRACTORS AND STAFF AND WELL AS YOUR FELLOW PARTICIPANTS IN THE PROGRAM(COLLECTIVELY, “THE OOPH TEAM”) ARE ACCEPTING NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY ACTIONS, OMISSIONS, INJURIES OR DAMAGES BY, TO OR OF YOU ORANY THIRD PARTY.

IN ADDITION, YOU AGREE THAT THE CONTENT IS PROVIDED FOR GENERAL EDUCATION AND EXEMPLARY REASONS ONLY, AND THAT NEITHER OOPH NOR ANY OTHER INDIVIDUAL OR ENTITY WITHIN THE OOPH TEAM IS: PROVIDING YOU WITH PROFESSIONAL ADVICE OF ANY KIND; OWES YOU ANY EXPERT, PROFESSIONAL,HEIGHTENED, SPECIAL OR FIDUCIARY DUTY OF ANY KIND; OR IS RESPONSIBLE FOR THE STATEMENTS OR MISSTATEMENTS OF OTHERS, INTENTIONAL OR OTHERWISE. 

This Program and the Content are not intended for children. You hereby warrant and represent that you are 18 years old or older.

You may be invited or permitted to access and participate in a discussion of the Content or some other online discussion or forum related to the Program (a “Forum”). Such Forums are wholly created and moderated by the Instructor. OOPH or the Instructor may terminate that access to and your participation in a Forum at any time and for any reason, in their sole discretion. You are responsible for your own conduct and experience in anyForum. With respect to your use of the Program, or your participation in a Forum, you agree, represent and warrant that you will not:

-  impersonate any person or entity, or create or use any “fake” account, or create a Profile with inaccurate, untruthful or fictitious information about you or any other purported person;

-  stalk, threaten, or otherwise harass any person;

-  violate any applicable law, statute, rule, permit, ordinance, regulation, or rule;

-  interfere with or disrupt the OOPH website, or the operations of OOPH;

-  post information or interact on the Forum, or use the Forum, or behave, in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;

-  use the Program or Forum in any way that infringes OOPH’s or any third party’s rights, including: copyright, patent, trademark, trade secret, confidentiality or other proprietary rights or rights of publicity or privacy;

-  post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

-  “frame” or “mirror” any part of the OOPH website, Forum or Program, without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;

-  modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the OOPH website, the Forum, OOPH’s intellectual property or any software used on or for theProgram;

-  use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation, of the Program or its contents, or the Forum;

-  transfer or sell your login account, password and/or identification to any other party;

-  discriminate against, taunt or insult, bully or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or any category or distinction protected by applicable law; or

-  cause any third party to engage in the restricted activities above.

You understand that you will be held fully responsible for any violations of this agreement as well as any and all consequences, damages, losses, costs or claims (including reasonable attorneys’ fees) resulting (in whole or in part) from such violations (“Costs”), and you agree to indemnify, defend and hold harmless OOPH from and against all Costs.  Other consequences for violating this agreement are wholly within the discretion of OOPH and may include dismissal from the Program, a Forum, or some other program/workshop/training group and legal action. Again, you understand that any & all costs associated with these legal and/or other actions will be your responsibility. You also hereby consent to be subject to laws of the State of New Jersey and to the exclusive jurisdiction of the state and federal courts venued therein.

IN NO EVENT WILL OOPH, THE OOPH TEAM, OR ANY PERSON OR ENTITY WITHIN THE OOPH TEAM OR DEPICTED IN THIS CONTENT BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF, CONTENT IN, OR INABILITY TO USE, THE CONTENT,THE PROGRAM OR A FORUM.

THE PROGRAM IS SOLD “AS IS.” OOPH SHALL NOT BE UNDER AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY TO USER FOR, ANY LIABILITY WHATSOEVER, FOR ANY CAUSE (INCLUDING OUR OWN FAULT OR NEGLIGENCE) OR IN RESPECT OF ALLEGED WARRANTIES, DEFECTS, DELAYS, SAFETY, AVAILABILITY OR CONSEQUENTIAL DAMAGES, AMONG OTHERS. OOPH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We agree and deem that all performance by OOPH under this Agreement occurs in the United States. If you are not located in the United States, or transfer your data through another country, you hereby consent to the transmittal, collection, storage, processing and use of your data by OOPH in the United States, for purposes related to education, marketing and business development. If you do not so consent, or later withdraw your consent, your license to access and use the Program will be terminated.

Refunds are issued in OOPH’s sole discretion. Registrations within one week of a live Course presentation are not refundable.

If you’re having issues completing or submitting this form and need to report a problem, please email us at nikhil@outofpocket.health