Last revised May 1, 2023
Ostro is not a medical group. We do not provide medical advice or care. Information communicated to you through our Digital Services is not a substitute for a discussion with a licensed medical practitioner and should never be applied or interpreted as medical advice or any form of personal treatment plan.
1. Ownership of the Digital Services
2. Access to Digital Services, Security and Restrictions
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Digital Services, deep-link to any feature or content on the Digital Services, bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Services.
3. Ostro Content; Third Party Services
Although we attempt to ensure the integrity and accuracy of the Digital Services, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Digital Services and Content (as described above) thereon. It is possible that the Digital Services could include disputed or incorrect Content, typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Digital Services by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally update or correct any inaccuracies or errors and any other information on the Digital Services, including any Content, without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Digital Services from any third party or person other than by us and our legal affiliates
The content of the Digital Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for educational and informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. Product coverage and availability information, including but not limited to statements of formulary coverage, dispensary availability, or eligibility of financial assistance is provided also and solely on a non-personalized basis. Always seek the advice of your Clinician, or other qualified heath care professionals, with any questions or concerns you may have regarding your individual healthcare needs and any medical conditions. We do not recommend or endorse any specific Clinicians, tests, products, procedures, opinions, or other information that may be included on, referenced by, or accessible through the Digital Services.
Reliance on any Content or information appearing on the Digital Services, whether provided by us, our Content providers, our customers or clients, other users of the Digital Services, or others, including affiliates of any of the foregoing, is solely at your own risk.
We make no representations whatsoever about any other website, application, or service, or any related content or information, that is not owned and provided by us and that you may access through these Digital Services (“Third Party Services”). When you access any Third Party Services, including Telehealth Services (as defined below), please understand that it is independent from us and that we have no control over the Third Party Service, including its accuracy or the security or privacy practices of the parties that make such Third Party Service available to you. In addition, a link or other connection or transfer to any Third Party Service does not mean that we endorse or accept any responsibility for such Third Party Service or its use. It is up to you to take precautions to ensure that whatever you select for your further engagement or use is appropriate for you. If you decide to access any Third Party Service linked to or accessible through these Digital Services, you do this entirely at your own risk.
4. User Information
You agree to: (a) provide true, accurate, current, and complete information when using the Digital Services at all times, including when registering and establishing your account (“User Information”) and (b) to the extent you maintain a user account with us in connection with one or more Digital Services, maintain and promptly update your User Information to keep it true, accurate, current, and complete. Without limiting our rights to terminate your account or the Digital Services at our discretion, if you provide any User Information or other information that is untrue, inaccurate, not current, or incomplete, or that we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
5. Disclaimer of Warranties
OSTRO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGITAL SERVICES WILL BE CORRECTED. THE DIGITAL SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE DIGITAL SERVICES, ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. OSTRO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR INFORMATION OBTAINED THROUGH THE DIGITAL SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES AND RELATED SERVICES, INCLUDING CONTENT AND LINKED WEBSITES. OSTRO DOES NOT WARRANT THAT THE DIGITAL SERVICES, INCLUDING FILES AVAILABLE FOR DOWNLOAD, WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED THROUGH THE DIGITAL SERVICES ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. No Medical Advice
Ostro is not a medical group. Ostro does not provide medical advice or care. Without limiting the foregoing, by using the Digital Services you acknowledge and agree that we and our personnel, including Navigators (as defined below), will not (a) be under any obligation to provide you with any medical advice, (b) be deemed to have entered into a patient relationship (e.g., doctor-patient, nurse-patient) with you or any other person, (c) have any responsibility for your medical or clinical treatment or care, including the creation, establishment, modification, or oversight of any medical practices, diagnosis, treatment recommendations, prescribing, or independent medical decision-making of any kind, whether telemedicine, in-person, or via any other delivery mechanism, or (d) if you are a Clinician or acting on behalf of a Clinician, agree, or be deemed to have undertaken, to do any of the foregoing for or on behalf of any patient or other individual under your care or with whom you have a relationship with. You further acknowledge agree that by interacting with the Digital Services there is no guarantee that you will achieve any specific outcome, including that you will be issued a prescription, whether in general or for a specific drug, device, or other product, or receive or be prescribed any other specified diagnosis, medicine, product, or other course of treatment or care. Additionally, you acknowledge and understand that information shared through our Digital Services such as formulary coverage status or eligibility criteria for financial support is delivered in a non-personal way and is not an explicit statement or expectation of suitability to your or any other individual’s specific healthcare circumstances. Your interaction with the Digital Services is not intended to take the place of your relationship with your own Clinician(s), including your regular healthcare practitioners or primary care physician, and you are responsible for discussing and agreeing on all health and medical care decisions with your own Clinician, which shall not include us or our personnel. We do not make any representations or warranties about the training or skills of any individual who delivers Content, information, or services via the Digital Services.
7. Navigator Service.
Certain elements of the Digital Services may be provided, in our sole discretion, by Ostro personnel, including employees, contractors, service providers, and agents, who hold former or current medical qualifications (e.g., MD, RN). Whether qualified as a medical professional or not, in no event shall any navigator or other individual acting on behalf of us act as a Clinician, whether to you or any other person, or enter into or be deemed to be enter into a patient relationship with, or otherwise provide any form of clinical or medical advice, to you or to any other person, whether directly or indirectly. This includes, if you are a Clinician or acting on behalf of a Clinician, to any patient or other individual with whom you may have a patient relationship. As part of the Digital Services, such individuals may provide general and/or personalized “navigation” or similar services (“Navigation Services”) to users of the Digital Services, including you. Ostro personnel providing Navigation Services (“Navigators”) are limited to educating on the product indications, disease state information, and other topics for which they are trained to support. Navigators do not provide medical advice nor do they advise on any other element of a personalized healthcare arrangement. Navigators do not work under the direction of any institution or medical provider with whom you may interact and, if you are Clinician or acting on behalf of a Clinician, Navigators are not authorized to work under your direction. Navigators may not be licensed to practice nursing in your state of residence. The Navigator Service is not an emergency service and cannot assist you in an emergency. In the event of an emergency please dial 911 immediately.
8. Financial Relationships
We work with companies throughout the pharmaceutical, life sciences, healthcare and related industries to make information regarding our clients’ and their partners’ specific products and services available to you through the Digital Services. These arrangements typically include a financial relationship between us and our client through which we are compensated for the services we provide, including making the Digital Services available to you.
We are not compensated based on the specific clinical decisions that you or any other individual do or do not take with respect to your or their personal healthcare.
9. Telehealth Services
Telehealth or telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location (collectively, “Telehealth Services”). The Digital Services may offer the opportunity to receive Telehealth Services as a Third Party Service (i.e., a service that is not provided by us), including online medical consultations for persons or their caregivers with respect to certain medical conditions.
If you elect to proceed with Telehealth Services, a licensed Clinician not affiliated with us will conduct any medical consultation scheduled in connection therewith, including to evaluate whether there is a particular product appropriate to treat your condition. We do not determine whether or if you may receive a prescription for or other access to any particular product; all prescribing is based solely on the independent medical decision making of your Clinician. There is no guarantee you will receive a prescription.
You agree that you will use any Telehealth Services only for lawful purposes, including, without limitation, that (a) you will provide truthful and accurate information, including in response to Telehealth Services questionnaires, including any questions asked of you by a Clinician; (b) any prescriptions or other products or services you obtain as a result of your use of such Telehealth Services are for your personal use (or the use of an individual for whom you are an authorized caregiver and where you have disclosed such caregiver relationship); and (c) you will fully and carefully read all provided product information and labels and to contact an appropriate Clinician, such as your physician or a pharmacist, if you have any questions regarding the prescription or other product or service.
10. Not Intended for Children; Interactions with Parents and Caregivers
Our Digital Services are intended for general audiences and are not directed at children and may be accessed and used only by individuals who are able to form legally binding contracts under applicable law of their jurisdiction. In addition, the Digital Services are intended to be accessed only by residents of the United States.
11. Not an Insurance Product
Ostro is not an insurer. The services provided by and through the Digital Services are not insurance products. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
12. Limitation of Liability Regarding the Digital Services
TO THE FULLEST EXTENT ALLOWED BY APPLICABLELAW, OSTRO AND ANY THIRD PARTIES MENTIONED OR REFERENCED ON OR INCLUDED INTHESE DIGITAL SERVICES, INCLUDING OUR CLIENTS, CUSTOMERS AND THE PROVIDERS OFANY THIRD PARTY SERVICES, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHERDAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSTPROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANYWAY TO THE DIGITAL SERVICES, ANY RELATED OR INCLUDED CONTENT OR INFORMATION,AND/OR ANY THIRD PARTY SERVICE, ARISING IN CONNECTION WITH YOUR OR ANY OTHERPERSON’S USE OF THE DIGITAL SERVICES, AND WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITALSERVICES, ANY RELATED OR INCLUDED CONTENT OR INFORMATION, AND/OR ANY THIRDPARTY SERVICE IS TO STOP USING THE SAME. TO THE EXTENT ANY ASPECTS OF THEFOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATELIABILITY OF OSTRO TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL SERVICES,ANY RELATED OR INCLUDED CONTENT OR INFORMATION, AND/OR ANY THIRD PARTY SERVICEIS $500 (FIVE HUNDRED DOLLARS).
13. Dispute Resolution; Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECTYOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We will try to work in good faith to resolve any issue you have with or arising out of the Digital Services, if you bring that issue to the attention by contacting us at firstname.lastname@example.org. However, we realize that there may be rare cases where we may not be able to resolve an issue to a user’s satisfaction.
The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Section 13 while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: email@example.com. The notice must be sent within 30 days of August 19, 2022 or your first use of the Digital Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 13. If you opt-out of these arbitration provisions, we also will not be bound by them.
We will provide 30 days’ notice of any changes affecting the substance of this Section 13. Changes will become effective on the 30th day. If you continue to use the Digital Services after the 30th day, you agree that any unfiled claims of which we do not have actual notice are subject to the revised clause.
14. Consent to Receive SMS/Text Messages
Ostro utilizes SMS/text messages to provide users of the Digital Services with the opportunity to receive informational or transactional messages and communications relating to the Digital Services, as well as other communications to which you may specifically consent (collectively “Digital Services Communications”). Digital Services Communications include (i) the ability to conveniently access certain Digital Services (for instance via a personalized link), (ii) progress tracking, (iii) reminders regarding consultations, refills, Navigator conversations, or other services, (iv) logistical communications (e.g., following up to a message you or we have left), and (v) other communications in support of the Digital Services you use or request.
In connection with the Digital Services you may have the opportunity to provide your phone number, including so that you may receive Digital Services Communications via SMS/text message. By providing your phone number, you are agreeing to be contacted via SMS/text message by or on behalf of Ostro at the number you have provided to receive such Digital Services Communications.
SMS/text messages that are Digital Services Communications may be sent using automated or nonautomated technology. With respect to such SMS/text message communications, (a) message and data rates may apply for any messages sent to you from us and to us from you; (b) if you have any questions about your text plan or data plan, it is best to contact your wireless provider; (c) message frequency may vary (but for the SMS short code program, you will receive one return message per text); and (d) neither carriers nor we are liable for delayed or undelivered messages. If you are experiencing issues with any text messaging program or service that is part of the Digital Services please reply with the keyword HELP for further assistance, or you can receive help directly at firstname.lastname@example.org. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop.
15. Consent to Receive Calls and Other Communications
16. Electronic Communications
When you use the Digital Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. We may contact you by telephone, text or chat message, mail, or e-mail to verify your information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Digital Services. If you do not provide this information in the manner requested within 14 days of the request, or such other time period as communicated to you, we reserve the right to suspend, discontinue, or deny your access to and use of our Digital Services until you provide the information to us as requested.
17. Force Majeure
20. Ethical Conduct
We pride ourselves on ethically empowering people like you to navigate their health. If you see or suspect any unethical or illegal activity of any kind in connection with the Digital Services we would appreciate it if you would report it to us immediately so that we may promptly investigate. Please contact us at email@example.com.