Legal Policies

Introduction

Welcome to the ossiumhealth.com website (“Website”). Ossium Health, Inc. (“Company”) created and maintains this Website to provide information to and communicate better with potential patients, customers and investors, and others who may be interested in learning more about Company and the products and services it offers. You may use this Website, provided you comply with these Terms of Use.

In addition to these Terms of Use you should also read and be aware of the provisions of our Privacy Policy, and our Consumer Health Data Policy , which disclose the Company practices regarding the collection and use of your personal information, and other policies that govern other parts of the Website, which are incorporated by this reference into these Terms of Use.

Your Acceptance of These Terms of Use

PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS OF USE. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.

These Terms of Use May Change

Company reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use every time you use this Website.

Copyright Notice and Limited License

Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Company or by one of its affiliates, or by third parties who have licensed their materials to Company. The entire Content of this Website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:

• Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company;
• Do not publish or post any part of the Content on any other internet site without obtaining the prior written consent of Company;
• Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company; and
• Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Company reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written consent from Company.

Digital Millennium Copyright Act Compliance 

Company respects the intellectual property rights of others and does not permit copyright infringing activities on the Website. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
• Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Ossium Health, Inc., 80 Tehama Street, San Francisco, CA 94105. For clarity, only DMCA notices should go to the Company Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company’s Information Technology Department at [email protected]. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered trademarks of Company, one of its affiliates, or third parties who have licensed their Trademarks to Company or one of its affiliates. Except as expressly stated in these Terms of Use, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from Company.

Unsolicited Ideas

Company welcomes your comments and feedback regarding this Website. All information and materials, including comments, ideas, data, questions, designs, and the like, submitted to Company through this Website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to Company through this Website, you assign to Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Company will be entitled to use any information or materials you submit through this Website for any purpose whatsoever subject to the Company Privacy Policy, without restriction and without compensating you in any way.

Your Representations

You represent that you are 18 years or older. You also represent that all information that you provide in connection with your use of the Website, including, without limitation, in connection with the Ossium HOPE Program, is accurate and pertains to you or to a person for whom you are authorized to disclose information to Company.

Links to Other Websites

This Website may contain hyperlinks to websites that are not operated directly by Company. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third party websites or any association with their operators. Company does not review or control these websites and is not responsible for their content. Company expressly disclaims any responsibility for the content of any third party websites linked to the Company Website or the products or services of such third party. These third party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Company does not make any representations regarding the content or accuracy of materials on such non-Company websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.

Global Availability

Because different countries around the world have different laws and regulatory requirements, this Website may be available in some countries and not in others. This Website contains references or cross references to Company products, programs and services that may not be available or announced in your country. These references do not imply that Company intends to announce such products, programs or services in your country. Consult your local Company sales representative or contact Company directly if you have questions about which products, programs and services may be available to you in your area.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.
FURTHER, THE COMPANY: (1) IS NOT PROVIDING ANY MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS, AND PARTICIPATION IN THE OSSIUM HOPE PROGRAM OR OUR OTHER PROGRAMS REQUIRES PROFESSIONAL MEDICAL ADVICE, (2) THE WEBSITE AND THE DESCRIPTIONS OF OUR PROGRAMS, PRODUCTS AND SERVICES ARE FOR INFORMATIONAL PURPOSES AND NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE; (3) THE AVAILABILITY OF A PROGRAM, PRODUCT OR SERVICE ON THE WEBSITE DOES NOT CONSTITUTE A MEDICAL RECOMMENDATION; (4) YOU SHOULD SEEK ADVICE FROM YOUR PHYSICIAN OR HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION; (5) IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY; AND (6) INFORMATION PROVIDED ON THE WEBSITE DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP. THE WEBSITE AND THE COMPANY’S PROGRAMS, PRODUCTS AND SERVICES ARE INTENDED FOR USERS THAT ARE 18 YEARS AND OLDER. THE COMPANY’S PROGRAMS, PRODUCTS AND SERVICES MAY BE CHANGED OR DISCOUNTED AT ANY TIME FOR ANY REASON WITHOUT NOTICE.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF THE TERMS OF THESE TERMS OF USE. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

TERMINATION

If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.

GOVERNING LAW AND JURISDICTION

This Website is controlled and operated by Company from its offices within the State of California within the United States of America. Any claim relating to these Terms of Use and/or the use of this Website shall be governed by the laws of the State of California. By using this Website, you consent to personal jurisdiction in the federal and state courts of State of California for any action arising out of or relating to this Website, these Terms of Use or your use of this Website. The federal and state courts of State of California shall have exclusive jurisdiction over all such actions.

SEVERABILITY AND NO WAIVER

If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use shall remain in full force and effect. Any provision of these Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Company with respect to your access to and/or use of this Website and the Content and shall not be modified except by Company as provided herein or through a written document signed by both parties. Company may assign its rights and duties under these Terms of Use to any party at any time without notice to or approval by you.

Updated: March 8, 2024

This Privacy Policy governs the manner in which Ossium Health, Inc. collects, uses, maintains and discloses information collected from users (each “User”) of the ossiumhealth.com website (“Site”).

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, fill out a form, subscribe to our newsletter, respond to a survey, and in connection with other projects, activities, products, services, features or resources we make available on our Site. Users may be asked for their name, email address, mailing address, phone number, medical information or other information when completing forms on the Site or otherwise communicating with us. We may also collect certain information automatically when Users interact with the Site, such as browser name, technical information, and device information. Users can refuse to supply certain personal identification information, except that it may prevent them from engaging in certain Site-related activities.

Ossium HOPE Program and our other programs

We may collect personal identification information, including health information, from Users who fill out a form related to the Ossium HOPE Program or our other programs. Users may be asked for their name, email address and phone number to enable us to contact them regarding such programs and their home address, preferred method of communication, weight, age, medical diagnosis, other medical information and healthcare providers’ name and contact information. For example, a User seeking to participate in the Ossium HOPE Program will be asked to share medical information such as the User’s medical diagnosis and human leukocyte antigen (HLA) type in order to determine whether the User is able to participate in the Ossium HOPE Program. Except for the information that we automatically collect as described above, we will collect personal identification information from Users only if they voluntarily submit such information to us, authorize other parties to disclose it to us or authorize us to obtain it from other parties, such as from their healthcare providers. Users can refuse to supply this information, although they may not be able to participate in relevant programs if they do not supply such information.

Web browser cookies and similar technologies

Our Site may use “cookies” and similar technologies to enhance User experience. Users’ web browsers place cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browsers to refuse cookies, or to alert them when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Ossium Health may collect and use a User’s personal information for the following purposes:

To run and operate our Site
We may use your information to display content on the Site correctly.

To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.

To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

To improve our Site
We may use feedback you provide to improve our products and services.

To send periodic emails
We may use Users’ email addresses to send information and updates pertaining to them. Users’ email addresses may also be used to respond to their inquiries, questions, and/or other requests.

To operate the Ossium HOPE Program and our other projects

We may use User’s information to recommend or provide a product or service, including to operate the Ossium HOPE Program and our other projects.

How we protect your information

We adopt data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.  However, no storage system or transmission of data over the Internet can be guaranteed to be absolutely secure, accurate, complete or current.

Sharing your personal information

We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding Users with our business partners for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes. We also may share your information with your consent or at your direction. We also may share your personal identification information with your healthcare providers whose information you provide to us in order to determine whether you are able to participate in the Ossium HOPE Program and our other programs.

Electronic newsletters

If User decides to opt-in to our mailing list, they will receive emails that may include Ossium Health news, updates, related product or service information, and other information. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys.

Third party websites

Users may find content on our Site that links to the sites and services of other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes to this Privacy Policy

Ossium Health reserves the right to update or modify this Privacy Policy at any time without prior notice. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Contacting us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at [email protected].

Updated: March 8, 2024

The privacy of information that identifies your physical or mental health status is important to us. As described in our Privacy Policy, we may collect categories of data that may be considered “consumer health data” under Washington’s My Health My Data Act and other similar state laws when you interact with the Ossium HOPE Program or our other programs, products or services, including:

• Individual health conditions, information, treatment, diseases, or diagnosis;
• Diagnoses or diagnostic testing, treatment, or medication; and
• Use or purchase of prescribed medication.

We use and otherwise process each of the categories of information identified above for the business purposes of providing, operating and maintaining the Ossium HOPE Program and our other programs, products and services. For additional details about the types of data we collect and how we collect it, please review our Privacy Policy.

We use your consumer health data only to provide the programs, products or services that you request, including to research, support, improve, and administer our programs, products and services. Please review our Privacy Policy for additional details. Notwithstanding anything else in the Privacy Policy, we do not use health data for advertising. We may share personal information, including each of the categories of consumer health data, as reasonably necessary to enable you to participate in the Ossium HOPE Program or our other programs and to provide you our products or services, including with service providers, business partners, within our corporate group, including our affiliate Ossium Labs, Inc., in connection with a sale, merger, or other business transfer, or for legal reasons. We will obtain consent as required by applicable law. For additional details about how we share information, please review our Privacy Policy.

You may be entitled to, in accordance with applicable law, submit a request to know, access, correct or delete the information we have collected about you. To submit such a request to exercise these rights, please send an email to [email protected].

We may amend or update this Consumer Health Data Policy from time to time.  When we update this Consumer Health Data Policy, we may notify you of material changes by updating the “Updated” date at the bottom of the new Consumer Health Data Policy, posting the new Consumer Health Data Policy, or by providing other notice as required by law. We recommend that you review our Consumer Health Data Policy from time to time to stay informed with our privacy practices.

Updated: March 8, 2024

You acknowledge and agree that your contact details, health information, and other information that is shared by you or your healthcare providers now or in the future will be used and retained by Ossium Health in connection with administering the Ossium HOPE Program, including to determine if you are a candidate to receive Ossium Health’s bone marrow product and to add you to a wait list if there is not currently a match for you. You understand that you may request the deletion of your information at any time by contacting Ossium Health at [email protected]. You understand that you can obtain more information on Ossium Health’s privacy practices by reviewing Ossium Health’s Privacy Policy. You also confirm that you have authorized your healthcare providers to disclose your health information to Ossium Health and to discuss such information with Ossium Health for purposes of the Ossium HOPE Program. If this Patient Authorization is being agreed to by someone on behalf of a patient, then such person hereby represents that such person has the authority from the patient to agree to the terms of this Patient Authorization on behalf of such patient.

OSSIUM HEALTH, OSSIUM, , THE GREATEST WEALTH IS HEALTH, HEALTH IS WEALTH, ENGINEERING LIFE, CHIMERA, INVENTA, and CHYMALIS are among the trademarks of Ossium Health, Inc.