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Terms & Conditions

Terms of Use

Last Modified: 5/3/2024

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR WEBSITE.

  1. INTRODUCTION
    These terms of use (the “Terms”) describe your rights and responsibilities with regard to the OPN Healthcare website (the “Website”) owned and operated by OPN Healthcare, Inc. In these Terms, “we”, “our”, “us”, and “OPN Healthcare, Inc.” collectively refer to OPN Healthcare, Inc. The terms “you” and “yours” refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

    Even though you may have arrived at the Website through a website or mobile application operated or controlled by a third party, including by an affiliate of OPN Healthcare, Inc., you understand and agree that these Terms are entered into between you and OPN Healthcare, Inc. You also understand and agree that the Website and any services provided through these Terms are provided by OPN Healthcare, Inc.

    You agree that when you use or enter the Website, you affirmatively consent to conduct business electronically with OPN Healthcare, Inc., and such processes have the same force and effect as your written signature. You agree and consent to OPN Healthcare, Inc., OPN Healthcare, Inc. affiliates, or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Website.

  2. MODIFICATION OF THE TERMS
    We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Website to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation below. If you use the Website after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

  3. DESCRIPTION OF OPN HEALTHCARE, INC.
    You understand and agree that the Website is provided for educational and informational purposes only (the “Services”) and does not constitute providing medical advice or professional services. The information provided should not be used for diagnosing or treating a health problem or disease, and those seeking personal medical advice should consult with a licensed physician. Always seek the advice of your doctor or other qualified health provider regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. No physician-patient relationship is created by this web site or its use.  OPN Healthcare, Inc. does not provide any health care services through the Website and is not licensed to practice medicine. OPN Healthcare, Inc. provides non-clinical administrative services to several medical groups including, but not limited to, Oncology Physicians Network of California, PC, and Southern California Oncology Associates, A Medical Corporation (collectively, the “Affiliated Medical Groups”).  Any discussion or description of medical services on the Website refers to services provided by the Affiliated Medical Groups and not to any services provided by OPN Healthcare, Inc. 

  4. ELIGIBILITY
    To use the Services through the Website, the following must be true: You must be 18 years or older, or, if you are under the age of 18, you are using the Website under the supervision of a parent or guardian. You live in the United States and in a state or territory where the Services are available. You agree to be legally bound by and comply with these Terms of Use or, if you are under the age of 18, your parent or guardian has reviewed these Terms of Use and agrees to be bound by them. You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software in order to use the Website. 

  5. AVAILABILITY
    The Services are currently available to individuals located in certain states and that list is subject to change from time to time at the sole discretion of OPN Healthcare, Inc.

  6. RESTRICTIONS ON USE
    You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not: 
    1. Use or attempt to use the Website or the Services for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law or regulation, or is prohibited by these Terms; 
    2. “Jailbreak” your mobile operating system. The Website is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Website on a mobile phone with a modified operating system may undermine security features that are intended to protect your information from unauthorized or unintended disclosure. You may compromise your information if you use the Website on a mobile phone that has been modified. Use of the Website on a mobile phone with a modified operating system is a material breach of these Terms; 
    3. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way; 
    4. Use or access the Website to create or develop competing products or services or for any other purpose that is to OPN Healthcare, Inc.’s detriment or commercial disadvantage; 
    5. Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part; 
    6. Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network; 
    7. Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by OPN Healthcare, Inc. or any of our service providers to protect our Website; 
    8. Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Website, or any other system, device, or property; 
    9. Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website; 
    10. Use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose; 
    11. Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to OPN Healthcare, Inc. or third-party content from the Website; or 
    12. Encourage or enable any other individual to do any of the foregoing.

  7. LICENSE AND USE
    Subject to your compliance with these Terms, OPN Healthcare, Inc. grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by OPN Healthcare, Inc. or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

  8. DISCLAIMER; LIMITED HEALTH CARE SERVICES
    The Website is structured for use specific to the Services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.

    Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.

  9. PRIVACY
    OPN Healthcare, Inc. understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Website.

  10. INTELLECTUAL PROPERTY
    As between OPN Healthcare, Inc. and you, OPN Healthcare, Inc. is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by OPN Healthcare, Inc. or its licensors, including all intellectual property rights therein. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.

    Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, services marks or logos (“Trademarks”) of OPN Healthcare, Inc. or its affiliates. You are not authorized to use any such Trademarks without the express written permission of OPN Healthcare, Inc. or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.

  11. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
    The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

    You may have arrived to the Website through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of OPN Healthcare, Inc. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.

  12. DISCLAIMER OF WARRANTIES
    YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OPN HEALTHCARE, INC. AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

    TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER OPN HEALTHCARE, INC. NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, OPN HEALTHCARE, INC. DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND OPN HEALTHCARE, INC. DISCLAIMS ANY LIABILITY RELATING THERETO.

    YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

  13. LIMITATION OF LIABILITY
    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER OPN HEALTHCARE, INC. NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. THIS IS TRUE EVEN IF OPN HEALTHCARE, INC. OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

    TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF OPN HEALTHCARE, INC. AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

  14. INDEMNIFICATION
    You agree to indemnify, defend, and hold OPN Healthcare, Inc. and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

  15. MODIFICATIONS TO THE WEBSITE
    OPN Healthcare, Inc. reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that OPN Healthcare, Inc. shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.

  16. SUSPENSION AND TERMINATION RIGHTS
    The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms. We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.

    Subject to applicable law, OPN Healthcare, Inc. reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After any termination, OPN Healthcare, Inc. will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.

  17. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
    PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND OPN HEALTHCARE, INC. TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OPN HEALTHCARE, INC.
    1. Governing Law. The Website is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of California without regard to conflicts of law principles.
    2. Arbitration Agreement. You and OPN Healthcare, Inc. agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Los Angeles, California.
    3. Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND OPN HEALTHCARE, INC. WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OPN Healthcare, Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
    4. No Class Arbitrations, Class Actions, or Representative Actions. YOU AND OPN HEALTHCARE, INC. AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND OPN Healthcare, Inc. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER OPN Healthcare, Inc. USERS.
    5. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and OPN Healthcare, Inc. will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.

  18. MISCELLANEOUS
    The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

  19. COPYRIGHT INFRINGEMENT CLAIMS
    OPN Healthcare, Inc. reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. OPN Healthcare, Inc. otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section ‎XIX describes the procedure that should be followed to file a notification of alleged copyright infringement with OPN Healthcare, Inc.
    1. Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: info@opnhc.com. Any notification to OPN Healthcare, Inc. under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
      2. An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
      3. An identification of the content or material that you claim is infringing and where it is located on our Website; 
      4. Information sufficient for OPN Healthcare, Inc. to contact you, such as your address, telephone number, and/or email address; 
      5. A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and 
      6. A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
  20. CONTACT INFORMATION
    If you have any questions or concerns, please contact:

    OPN Healthcare, Inc. 
    550 N Brand Blvd., Suite 1000
    Glendale, CA 91203
    info@opnhc.com