NVMCO Group LLC d/b/a OVAL is the owner and operator of the OVAL websites, including www.OVAL.care, and OVAL applications. Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with OVAL’s Privacy Notices located at www.OVAL.care/legal.
These terms, including all agreements, terms, conditions and policies incorporated in this Agreement by reference, together applications, or otherwise provide for review and acknowledgment, shall constitute the entire agreement between you and OVAL.
with any legal notices available on OVAL websites, in OVAL
IMPORTANT NOTE: If you are under the age of 18, you may not use the OVAL websites, applications, products, or services.
LEGAL NOTICE: you agree that any and all disputes or claims you may have at any time with respect to OVAL shall be resolved exclusively through final and binding arbitration, and not by a court or jury.
This General Terms and Conditions Agreement (the “Agreement”) sets forth the terms and conditions governing your general use of the OVAL Platforms (as defined below) and OVAL Services (as defined below). By accessing or using this app or website or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time (as further described below) and agree to all operating rules and/or policies of Company and the Services that may be published by Company on this Site. All these rules and policies are incorporated into this Agreement by this reference.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE OVAL APP OR THE SITE OR USE ANY OF ITS SERVICES.
OVAL reserves the right to modify the terms of this Agreement at any time, at its sole discretion and may post a notice of such changes. If we materially revise this Agreement, we will revise the “last modified” date at the top of these Terms and Conditions and/or notify you by posting a notice on the homepage of our Sites. It is your responsibility to periodically check for changes. Your continued use of the Sites or app indicates your acceptance of the modified Agreement, without further notice.
OVAL is the owner and/or licensee of all OVAL Content posted on or otherwise accessible via the OVAL Platforms including logos, designs, text, graphics, pictures, and information. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the OVAL Platforms is expressly prohibited, unless OVAL has expressly granted its prior written consent to reproduce, retransmit, or republish the Content. OVAL reserves all applicable rights in regard to the Content.
If you believe that any Content on the OVAL Platforms infringes upon any copyright, trademark, or any other intellectual property, which you own or control, you or your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to OVAL to info@OVAL.care. Please include a description of the Content that is allegedly being infringed, and where on the OVAL Platforms the work may be found.
If you are an OVAL User with permission to create a User Profile, authenticated access to the OVAL program and Services my be authorized by a third-party program administrator. You may be given access to the OVAL program, subject to the terms of OVAL’s agreement with the third party. At any time and without notice to you, OVAL may terminate the agreement with any third-party program administrator or partner impacting your ability to access OVAL Platforms and OVAL Services. In such case, you may contact your third-party administrator or partner to discuss alternate platforms and services. OVAL IS NOT RESPONSIBLE TO YOU FOR ANY CHANGES IN YOUR ABILITY TO ACCESS TO OVAL PLATFORMS OR OVAL SERVICES PROVIDED BY THIRD PARTY.
OVAL reserves the right to terminate, block, or restrict your access to or use of the OVAL Platforms or OVAL Services for any breach or violation of any term(s) of this Agreement, solely at the discretion of OVAL.
You may be required to have specific computer hardware, software, devices, or equipment in order to use or access OVAL Platforms and OVAL Services. You are responsible for obtaining and maintaining any required computer hardware, software, devices, or equipment needed and in working order to access and use the OVAL Platforms or OVAL Services.
The OVAL Platforms may require a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that your use of the OVAL Platforms is compliant with the laws and regulations of any applicable jurisdiction.
In consideration of your use of the OVAL Platforms, you acknowledge that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning you when providing information to, signing up with, registering for use of, or otherwise providing information to the OVAL Platforms and you further agree to maintain and promptly update your personal information to keep it true, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if OVAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OVAL has the right to suspend or terminate your access to the OVAL Platforms and to refuse any and all current or future use of the OVAL Platforms, or any portion thereof.
You must have your own password to access the OVAL Platforms. You are not permitted to provide others access to the OVAL Platforms using your username or password or the username or password of another authorized user, whether for a fee or not. If OVAL discovers password sharing, we reserve the right to terminate or block your access to the OVAL Platforms and you may be held responsible for any damages caused by the unauthorized use of your password(s).
1. OVAL invites Users to link to our OVAL Platforms. Linking to OVAL must not improperly connote an affiliation with or an endorsement by OVAL, or otherwise interfere with the operation of the OVAL Platforms. Any links should open in a new browser window.
2. You must not place OVAL Platforms pages in a “frame” within your own website and/or app without explicit prior written permission from OVAL.
3. Although the OVAL Platforms may include links providing direct access to other Internet sites, OVAL assumes no responsibility for the Content or information contained on such other sites and does not exert any editorial or other control over those other sites. OVAL provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
Except as expressly set forth herein, the content of the OVAL Platforms (including all OVAL intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. OVAL does not warrant or guarantee uninterrupted access to the OVAL Platforms, or any site linked to or by the OVAL Platforms and reserves the right to remove or modify Content at any time.
Under no circumstances will OVAL be liable in any way for any Content, including without limitation any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the OVAL Platforms, and OVAL makes no guarantees that the Content will be accurate, current, or error-free.
You assume full responsibility and risk of loss resulting from use of the OVAL Platforms and any information on the OVAL Platforms. OVAL makes no guarantees about the suitability of any information and its services for any purpose whatsoever. OVAL may provide programs with exercises that you can perform at home. There is a risk of injury with any activity, use caution when performing such exercises. BY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY OVAL, YOU AGREE THAT YOUR PARTICIPATION IS VOLUNTARY AND YOU ASSUME THE RISK OF ANY RESULTING INJURY. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. OVAL will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.
The Content provided on OVAL Platforms is for informational purposes only. OVAL makes no warranties regarding, and bears no liability for, your use of such Content. Neither OVAL nor the presenter assumes any responsibility for any loss, injury, or damage to persons or property arising out of the use of the material contained in or related to the OVAL Platforms. IT IS YOUR RESPONSIBILITY TO USE INDEPENDENT RESEARCH, EXPERTISE, OR KNOWLEDGE, INCLUDING BUT NOT LIMITED TO, SEEKING THE ADVICE FROM YOUR OWN MEDICAL PROFESSIONALS, TO DETERMINE THE BEST PROGRAM FOR YOU.
The Content provided in the OVAL program is for informational purposes only and is not intended to convey or constitute medical advice and should not be relied upon as such. AN OVAL PROGRAM IS NOT A SUBSTITUTE FOR OBTAINING ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL OR PRACTITIONER. YOU SHOULD NOT ACT UPON ANY SUCH INFORMATION OR PROGRAM WITHOUT FIRST SEEKING QUALIFIED PROFESSIONAL ADVICE ON YOUR HEALTH OR WELLNESS CONDITION. OVAL makes no warranties regarding, and bears no liability for, your use of an OVAL program and assumes no responsibility for any loss, injury, or damage resulting therefrom.
The OVAL program is a voluntary program that encourages movement to support wellness and general health. OVAL does not provide medical advice or guidance and OVAL is not a health care provider or covered entity. YOU AGREE THAT YOU WILL NOT INCLUDE ANY PROTECTED HEALTH INFORMATION IN THE USE OF YOUR OVAL PROGRAM.
In no event shall OVAL, its members, officers, partners, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to you or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if OVAL or its Representatives have been advised or should have known of the possibility of such damage. OVAL’s total liability in any event is limited to the amount, if any, actually paid for use of the OVAL Platforms, and you hereby release OVAL and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.
Participation in OVAL is voluntary and at any time, you may choose to participate or not at your discretion. If you have been granted access to an OVAL program, your access will remain active as long as your participation remains authorized by your third-party program administrator. If you decide that you no longer wish to participate in the OVAL program, you can terminate your enrollment through your program administrator. OVAL DOES NOT PROVIDE ANY REFUNDS FOR ANY UNUSED PORTION OF YOUR OVAL PROGRAM.
You agree to indemnify and hold OVAL and its Representatives harmless from any and all losses, including without limitation attorneys’ fees, resulting from any claims based on or relating to your use, or the use of any individual using your password, of the OVAL Platforms. You further agree to indemnify and hold OVAL and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.
This Agreement shall be governed by the laws of the State of Colorado. In the event that a dispute arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations thereunder to any third party or person.
No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
All content, materials and software posted to or used in conjunction with the OVAL Platforms including, without limitation, text, graphics, logos, button icons, images and audio clips are the property of OVAL or its Licensors and may be protected by U.S. and international copyright, trademark, or other intellectual property laws. The compilation of all content on the OVAL Platforms, including the “look and feel” of the OVAL Platforms is the exclusive property of OVAL or its Licensors and may be protected by U.S. and international copyright, trademark, or other intellectual property laws.
Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from OVAL Platforms or OVAL Services is permitted without the express written permission of OVAL and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of using, accessing, or downloading from the OVAL Platforms or OVAL Services. All rights not expressly granted hereunder are expressly reserved to OVAL. If you believe your rights under applicable copyright, trademark, or other intellectual property laws are being infringed, you may notify our designated agent by email at info@OVAL.care.
Do not violate the intellectual property rights of third parties. Without limiting the foregoing, you agree not to use the OVAL Platforms or OVAL Services to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any intellectual property rights, including copyrights or trademarks, of others or violates the privacy or rights of publicity of others.
The use of any tools, programs, robotic algorithms, or products to automatically download or “spider” the site or any of the pages of the site is expressly prohibited and infringes on Company’s copyrights.
OVAL may immediately terminate access to OVAL Platforms or OVAL Services, if, in its sole discretion, OVAL believes that your conduct fails to conform with any sections, in whole or in part, of this Agreement. Without limiting the foregoing, if you use, or attempt to use any or all of the OVAL Platforms or OVAL Services without authorization or for any purpose other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the OVAL Platforms or OVAL Services), you may also be subject to civil and/or criminal liability.
If you have any questions or comments, or would like to discuss anything related to the OVAL Platforms or OVAL Services, please contact us at: info@OVAL.care.