Octagos Inc. Terms of Use

Terms of Use

Welcome to the Octagos Health Inc. Site (defined below). By using our Site, you are agreeing to this Agreement and these Terms of Use (defined below). Please read them carefully.

These Terms of Use were last updated on 12/13/2024.

Acceptance of Terms of Use

This Terms of Use Agreement (“Agreement”) is made by and between Octagos Health Inc. (hereinafter “Octagos”, “we”, “us”, or “our”), and you, the user (“you”, “your”, or “User”). Octagos owns and operates the websites https://octagos.com and https://octagoshealth.com, the mobile and touch versions of such website, any related mobile application available through your Apple or Android app store, any websites we have now or in the future that reference this Agreement, and any other sites provided by us, such as those listed in Section 1 “About the Site” (collectively, the “Site”).

This Agreement contains the terms and conditions that govern the use of the Site or any other services, content, and/or products made available through Octagos (collectively, “Services”). Please read this Agreement carefully before accessing or using the Site.

In addition, certain areas of the Site may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with this Agreement, the additional terms will control.

The most current version of this Agreement can be reviewed by going to https://octagos.com or https://octagoshealth.com. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.

The Privacy Policy, together with this Agreement, and any other terms contained herein or incorporated herein by referenced, are collectively referred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

The Site is not intended for European Users. Please note that for any European Users who enter the Site these Terms of Use shall control unless specific information is provided herein to the contrary. Please carefully read the provisions that specifically relate to your legal rights, remedies, and obligations. Please note: Section 24 of this Agreement contains an arbitration clause and class action waiver that applies to all claims brought against Octagos and/or any of our affiliates, including our subsidiaries, in the United States. It affects how disputes with Octagos and/or any of our affiliates, including our subsidiaries, are resolved. By accepting this Agreement and/or these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Additionally, some jurisdictions do not allow the disclaimer or warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Please read it carefully. European Users can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Octagos is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISCLAIMER & LIMITATION OF LIABILITY, (B) INDEMNITY, AND (C) DISPUTES.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE, OR OTHER OCTAGOS SOFTWARE, SERVICES, WEBSITES, MOBILE APPLICATIONS, OR CONTENT, COLLECTIVELY THE “SITE(S)” AS PREVIOUSLY DEFINED, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU ALSO AGREE TO OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE AND LOCATED AT HTTPS://OCTAGOS.COM OR HTTPS://OCTAGOSHEALTH.COM.

YOU AGREE THAT YOUR USE OF THE SITE MEANS YOUR AGREEING TO THE FOLLOWING STATEMENT AND AGREEING TO BE BOUND BY ITS TERMS: “I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF OCTAGOS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF OCTAGOS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF OCTAGOS OR OTHERWISE.”

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE. OCTAGOS RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OCTAGOS’ SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE OR THE SITES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.‍

About the Site. The content, products, and services offered herein are here to provide information about Octagos and its services for consumers with implantable and wearable cardiac devices that focus on data management, support, and communication tools.
Health Care Disclosure. Octagos does not represent or warrant that any of the content, products or services offered through the Site is safe, appropriate, or effective for you. Nothing in Octagos’ Content should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Service does not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. We do not recommend or endorse any specific providers, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Octagos is solely at your own risk. Any health care providers you provide with information use your medical information to provide you with health care services. If you send or receive messages using Octagos’ Service that contain your medical information, you shall be responsible for ensuring the information is protected.
Access to the Site. The Site is not intended for children under the age of 13 (or the applicable age of minority in your jurisdiction) and children under 13 (or applicable age of minority in your jurisdiction) should not use the Site. As a condition of your use of the Site, you agree that you are at least 13 years old or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the country you are established; you are able to create a binding legal obligation; and you are not barred from receiving products or services under applicable law. To access the Site, Site resources, links, or other Content, you may be asked to register an account or have any account registered for you, and provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide will be correct, current, and complete. If Octagos believes the information you provide is not correct, current, or complete, Octagos has the right to deny access to the Site, or to any of its resources, and to terminate or suspend your access at any time. Octagos retains the right, at our sole discretion, to deny services or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control and outside of our control.
Multi-Factor Authentication. You acknowledge that, in addition to the use of an individual Username and Password, access to Octagos’ Site includes a multi-factor authentication security procedure at log-in. This additional security procedure involves a credential that is in addition to Username and Password security (hereinafter “Enhanced Log-in Security”). Enhanced Log-In Security uses a second factor of identity authentication that may include, but is not limited to, additional log-in security features such as identification and verification of IP addresses, registration of your device and/or use of browser cookies, access filters and other authentication information. Enhanced Log-In Security will require you to establish and utilize, in addition to a Username and Password, your own individual authentication through a one-time passcode via SMS text or voice call as part of a multi-part credential. These access credentials are used by the Octagos to authenticate you. Further authentication may occur automatically due to the detection of unusual source occurrences in relation to your access credentials. If your one-time passcode is entered incorrectly on consecutive access attempts, your access to Octagos’ Site could be blocked.
Applicable Use. You may use the Site only for purposes expressly permitted by this Agreement. As a condition of your use of Octagos’ Site, you warrant to Octagos that you will not use the Site for any purpose that is unlawful, immoral, or otherwise prohibited by these Terms of Use.
No Co-Branding Or Framing. You may not use or authorize any party to co-brand or frame any Octagos Site without the express prior written permission of an authorized representative of Octagos in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. For purposes of these Terms of Use, “framing” refers to displaying any Octagos webpage or mobile application page within a bordered area of another website, regardless of whether the address of the originating Octagos Site is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Octagos.
No Unlawful Access. You agree that you will not use Octagos’ Site in any manner that could in any way disable, overburden, damage, or impair the Site, or otherwise interfere with any other party’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that your use of the internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the internet or other form of global communication network cannot be guaranteed. Accordingly, Octagos is not responsible for the security of any information transmitted to or from the Site.
Personal and Non-Commercial Use Limitation. Octagos’ Site is for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Octagos Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Octagos in each instance, which permission will be at Octagos’ sole and absolute discretion. You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or sites obtained from or otherwise connected to Octagos’ Site, in whole or in part.
License.
1. Limited License to the Site. Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal and non-commercial use (except as expressly provided in this Section 9.1), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site. Notwithstanding the foregoing, you may use the Site for non-personal and/or commercial use only if you are an organization and only in furtherance of an otherwise applicable agreement for or on behalf of your organization’s employees, your organization’s students, and/or a third party (“Limited Commercial Use”), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Commercial Use (“Commercial Agreement”) and such use shall be subject to the terms and conditions of this Agreement and the Commercial Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.
Prohibited Conduct. In connection with your use of the Site, you may not, and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law), participate in any actions prohibited in this Section.
1. You agree not to use the Site for any commercial or other purpose that is not expressly permitted under this Agreement (for the avoidance of doubt, you may not resell or transfer to any other individual or organization any purchase you make through the Site, except as expressly permitted under a Commercial Agreement between you and us). You agree not to register for more than one Octagos account or register for an Octagos account on behalf of an individual other than yourself, except as expressly permitted under a Commercial Agreement between you and us.
2. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Octagos reserves the right to bar any such activity.
3. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Octagos server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
4. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Octagos, including any Octagos account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Proprietary Information. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and other content found on the Octagos Site (the “Content”) is considered the protected trade dress, copyrighted, and trademarked intellectual property of Octagos, or of the party that created and/or licensed the Content to Octagos. No rights or title to any of the Content contained on any Octagos Site shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, reverse engineer, reverse assemble, otherwise attempt to discover the source code, create derivative works of, transfer or sell any information, software, product, or services obtained through the Site, or otherwise use the Content in any unauthorized way, without the prior written consent of Octagos in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
Submissions. You hereby grant to Octagos a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Octagos through the Site (each a “Submission”), and to incorporate any Submission or Feedback in other works in any form, media, or technology now known or later developed. “Feedback” means any suggestions or any other input you provide regarding problems with, proposed modifications or improvements to, or any other aspect of the Site. You agree that Octagos will not be bound to treat any Submission or Feedback as confidential and may use any Submission and Feedback in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Octagos operations or businesses.
Hyperlinking. The Site may be hyperlinked to and by other websites or mobile applications which are not maintained by or related to Octagos. Hyperlinks to such websites or mobile applications are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with the Site or Octagos. Octagos has not reviewed any or all of such websites or mobile applications and is not responsible for the content of any linking websites or mobile applications, and any links made directly from an Octagos Site to another web page should be accessed at the user’s own risk. Octagos makes no representations or warranties about the content, completeness, quality or accuracy of any such website or mobile applications, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Site.
Use of Communication Services. Octagos’ Site may contain message or communication facilities designed to allow you to communicate with the other users on the Octagos Site (collectively, “Communications Service(s)”). We are not responsible for how other users utilize the Site and services. You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Users are required to treat others with respect. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site, or cause to be posted, sent, submitted, published, or transmitted, any material that:
1. You do not have the right to post, including without limitation personal information, pictures, videos or any other media of another person without their express permission, and any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
2. Advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
3. Is vulgar, obscene, pornographic, incendiary, or indecent;
4. Threatens or abuses others;
5. Is libelous or defamatory towards others;
6. Is racist, bigoted, hateful, abusive, harassing, threatening or offensive;
7. Seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
8. Harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
10. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
11. Advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, advertisers or sponsors for any purpose, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
12. Violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
13. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
14. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Site;
15. Amounts to a pyramid or other like scheme, including without limitation spam, junk mail, contests, chain letters, and surveys;
16. Disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Site and/or any networks connected to the Site;
17. Registers, subscribes, or unsubscribes any party for any Octagos product or service if you are not expressly authorized by such party to do so;
18. Deletes or revises any material posted by any other person or entity; or
  Contains hyperlinks to other websites or mobile applications that contain content that falls within the scope of this Section.
  You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Octagos nor any third party that provides Content to Octagos will assume or have any liability for any action made by Octagos or such third party with respect to any submission.
  Octagos reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that Octagos will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
  WHILE OCTAGOS EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT OCTAGOS SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
  YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, OCTAGOS CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. ‍
Data Integration and Storage. You understand and acknowledge that certain data from any of Octagos’ Sites and other platforms, as well as certain data from Apple HealthKit may be integrated and used for utilization and analysis for Octagos’ effective provision of Services. You understand and acknowledge that Octagos will store covered data in accordance with SOC 2 Type 2 certification standards.‍
HIPAA and Healthcare Data Privacy. You agree to comply with our policies and procedures governing HIPAA and healthcare data privacy, as may be updated from time to time. You agree to strictly adhere to all federal and state healthcare privacy laws that may govern the treatment of any Protected Health Information, including but not limited to HIPAA. You understand and acknowledge this Section applies to all communications made through the Site, including all communications made to others through the Site and between you and Octagos. To the extent that our internal policies or our agreements with our clients or vendors impose greater burdens on you to maintain the confidentiality of Protected Health Information or report any violations or suspected violations of any law, regulation, contract term, or internal policy, you agree to comply with such higher burdens. You understand and acknowledge that your failure to comply with any term of this Section may be grounds for termination or suspension of your account, regardless of whether you have a separate written agreement with Octagos. ‍
Term, Right to Terminate Access, and Modification of the Site. This Agreement is effective when you accept it, or otherwise access or use the Site. Octagos reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Octagos reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. You may terminate your account and this Agreement at any time by contacting Octagos at info@octagoshealth.com, and requesting that your account be deleted. Upon termination of this Agreement, all licenses given to you automatically terminate and you must immediately cease your use of the Site. We will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.‍
Disclosure Under Law. Octagos reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.‍
Personally Identifiable Information. Octagos cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. We are not responsible for how other users utilize the Site and services. In an effort to preserve your privacy, Octagos agrees that it will treat any personally identifying information that you submit through the Site in accordance with the terms outlined in its Privacy Policy at https://octagos.com or https://octagoshealth.com, as well as in conformance with all applicable laws, rules, and regulations. BY ACCESSING THE SITE, YOU AGREE THAT YOU ARE ACCEPTING OUR TERMS OF USE AND PRIVACY POLICY. ‍
Disclaimer & Limitations of Liability. You understand that Octagos cannot and does not guarantee or warrant that files available for downloading from the Octagos Site will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), mobile device(s), or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), mobile device(s), and network(s), and that you will maintain adequate means of backup of your personal data, external to the Site. Octagos further disclaims any responsibility to ensure that the Content located on its Site is necessarily complete and up-to-date.
‍YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, CONTENT, SERVICES, AND ALL MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY. OCTAGOS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OCTAGOS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY OCTAGOS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCTAGOS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT, SERVICES, OR MATERIALS AVAILABLE THROUGH THE SITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND OCTAGOS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. OCTAGOS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICES, MATERIALS, OR CONTENT AVAILABLE THROUGH THE SITE.
‍YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY.
YOU UNDERSTAND AND AGREE THAT OCTAGOS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OCTAGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OCTAGOS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO OCTAGOS FOR THE APPLICABLE CONTENT, OR SERVICES OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.‍
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OCTAGOS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE SITE.‍
Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Octagos all of the written information specified below. Please note that this procedure is exclusively for notifying Octagos and its affiliates that your copyrighted material has been infringed. Please include the following:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site, including the current website address or mobile application;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.‍
‍Security. Some portions of the Site require an account, and you must complete the registration process by providing Octagos with current, complete, and accurate information, as prompted by the applicable form. Any passwords used for the Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Octagos may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Octagos reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Octagos reserves the right to investigate suspected violations of these Terms of Use. Octagos reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Octagos to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD OCTAGOS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OCTAGOS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OCTAGOS OR LAW ENFORCEMENT AUTHORITIES.‍
Disputes. If there is any dispute about or involving these Terms of Use, the Site, and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Texas, notwithstanding any principles of conflicts of law. If for any reason a Dispute (defined below) proceeds in court, you specifically consent to personal and exclusive jurisdiction by and venue in the State of Texas and Federal courts of Harris County, Texas in connection with any dispute between you and Octagos arising out of or involving this Agreement, the Site and/or any Communications Services. You agree to waive any right to a trial by jury. You and Octagos agree that the Federal Arbitration Act, the relevant rules, applicable federal law, and the laws of the State of Texas, without regard to principles of conflicts of law, will govern this agreement for dispute resolution under Section 24, and any Disputes.‍
1. Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Octagos and/or its affiliates, members, officers, directors, and employees arising out of, relating in any way to, or in connection with the Terms of Use, the Site, or your use of the Site, your personal information, or any other matter arising between you and Octagos or any of its affiliates, or its subsidiaries (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 24 shall constitute your and Octagos’ written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and by bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.‍
2. No Class Action Matters. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
‍Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site, or to receive further information regarding use of the Site. ‍
International Use. The Site are intended for users located within the United States. We make no representation that the Site is appropriate or available for use outside of these countries or territories. Access to the Site from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.‍
Miscellaneous‍
1. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Octagos as a result of this Agreement or use of Octagos’ Sites.
3. Additional terms and conditions may apply to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. These Terms of Use, including, without limitation other terms incorporated by reference, constitute the entire agreement between you and Octagos relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Octagos with respect to Octagos’ Sites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or any of its services. Octagos may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Site after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
4. The failure of Octagos to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Octagos must be in writing and signed by an authorized representative of Octagos.
5. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
  Please report any violations of this Agreement to info@octagoshealth.com, or by mail to 13325 Hargrave Rd, STE 280, Houston, Texas 77070. If you have any questions regarding this Agreement, please contact us at info@octagoshealth.com.

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