NVMCO Group LLC d/b/a OVAL (the “Company”) is the owner and operator of the Company websites, including www.OVAL.care, and Company’s applications, including OVAL user application available for iOS and Android users. Please read the following carefully, bearing in mind that this Agreement must be read in conjunction with all other Company policies and notices, including Company’s App and Services Privacy Notice, Company’s Website Privacy Notice, and Company’s AI Chatbot Privacy Notice located at www.OVAL.care/legal.
This General Terms and Conditions Agreement (the “Agreement”), including all agreements, terms, conditions, policies, waivers, acknowledgments, or any other notices available on Company websites or in Company applications, or otherwise provided to you for review and acknowledgment shall be incorporated in this Agreement by reference and shall constitute the entire agreement between you and Company.
This 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 any OVAL Platforms or any OVAL 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 the Company and the OVAL Services that may be published by the Company on the OVAL Platforms or that may be provided in connection with the administration of OVAL Services. All these rules and policies are incorporated into this Agreement by reference.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE OVAL PLATFORMS OR USE ANY OF THE OVAL SERVICES.
Company 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 this Agreement and/or post notice on the homepage of our web-based sites. It is your responsibility to periodically check for changes.
Your continued use of the OVAL Platforms or OVAL Services indicates that you acknowledge and agree to the revised terms of this Agreement, without further notice.
Access to OVAL Platforms or OVAL Services 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 or OVAL Services, you acknowledge that you are of legal age to form a binding contract and you 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 or OVAL Services. 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 Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate your access to the OVAL Platforms or OVAL Services and to refuse any and all access to, or use of the OVAL Platforms or OVAL Services.
You must have your own username and password to access the OVAL Platforms or OVAL Services, as required. You are not permitted to provide others access to the OVAL Platforms or OVAL Services using your username or password or the username or password of another authorized User, whether for a fee or not. If Company discovers username or password sharing, Company reserves the right to terminate or block User’s account, including access to the OVAL Platforms and OVAL Services, and without any obligation, financial or otherwise, by Company to User or any unauthorized user. Further, you may be held personally responsible for any damages caused by the unauthorized use of your username(s) or password(s).
If you are authorized to create a User Profile, authenticated access to the OVAL Platforms and OVAL Services may be authorized by a third-party administrator. You may be given access to the OVAL Platforms or OVAL Services, subject to the terms of Company’s agreement with the third party granting access. At any time, and without notice to you, Company and third party may terminate their agreement, impacting your ability to access OVAL Platforms and OVAL Services. In such a case, you may contact your third-party administrator to discuss alternate platforms and services available to you through the third party. Alternatively, you can consider options for program access directly with Company. COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY CHANGES IN YOUR ABILITY TO ACCESS THE OVAL PLATFORMS OR OVAL SERVICES PROVIDED BY THIRD PARTY.
The Company, through the OVAL Platforms and OVAL Services, encourages physical movement to support general health and wellness. As such your use of the OVAL Platforms or OVAL Services may provide you with opportunities to engage in various physical movement or exercise-based activities. Such activities may range from low intensity to high intensity movements. All modes of movement or exercise place a workload on the body and may pose a certain level of risk with participation.
You may be required to have specific computer hardware, software, devices, or equipment in order to use or access OVAL Platforms or 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.
Your participation with Company and use of OVAL Platforms or OVAL Services is completely voluntary and you acknowledge that you can discontinue your use of, and engagement with the OVAL Platforms and OVAL Services at any time. However, should you elect to use OVAL Platforms or OVAL Services, instructions and guidelines for participating are provided for your health and safety and you agree to abide by any written or verbal instructions or cues, as may be revised from time to time, provided to you while using the OVAL Platforms or OVAL Services.
Company does not provide medical advice or services. The Content provided with the OVAL Platforms and OVAL Services is for informational purposes only and is not intended to convey or constitute medical advice and should not be relied upon as such. OVAL PLATFORMS AND OVAL SERVICES ARE NOT A SUBSTITUTE FOR OBTAINING ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL OR PRACTITIONER. YOU SHOULD NOT ACT UPON ANY SUCH CONTENT OR INFORMATION OR BEGIN ANY NEW EXERCISE OR FITNESS PROGRAM WITHOUT FIRST SEEKING QUALIFIED PROFESSIONAL ADVICE REGARDING YOUR SPECIFIC MEDICAL OR HEALTH CONDITION(S). Company makes no warranties regarding, and bears no liability for, your use of OVAL Platforms or OVAL Services and assumes no responsibility for any loss, injury, or damage resulting therefrom.
There is a risk of injury with participating in any activity and the Company recommends you use caution when performing any such movements or exercises, including those that may be offered in the OVAL Platforms or OVAL Services. You assume full responsibility for any and all risks, including loss, injury, illness, or death, resulting from your use of the OVAL Platforms or OVAL Services, including your electing to undertake any suggested physical movement or exercise-based activities. If you experience any pain or discomfort, Company recommends that you immediately discontinue the exercise activity and contact your medical or health professional. Company will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result from your use of OVAL Platforms or OVAL Services.
You understand and agree that your use of OVAL Platforms and OVAL Services require you to provide, and allow Company to collect, store, and use your Personal Information. COMPANY IS NOT A HEALTH CARE PROVIDER OR COVERED ENTITY. YOU UNDERSTAND AND AGREE THAT THE INFORMATION THAT YOU PROVIDE TO COMPANY, DIRECTLY OR OTHERWISE THROUGH YOUR PARTICIPATION AND ENGAGEMENT WITH OVAL PLATFORMS OR OVAL SERVICES, IS NOT CONSIDERED PROTECTED HEALTH INFORMATION.
For more information on Company’s data collection, storage, and usage policies, please refer to Company’s Apps and Services Privacy Notice.
Company uses machine learning and AI modeling techniques to optimize your experience and recommendations with OVAL Platforms and OVAL Services. By using the OVAL Platforms or OVAL Services you agree to allow Company to use your data, including personally identifiable information provided to Company during registration, testing, product usage, or at any other time while using OVAL Platforms and OVAL Services, in data models, including AI generated models. You understand that although actual User Personal Information and data is not stored in the AI generated data model(s), it may not be possible to delete or remove, or otherwise undo the use of, or reliance on, the Personal Information or data that was used to train the data model(s). Therefore, any later request to delete or modify any Personal Information or data may not affect the trained data model(s).
Except as expressly set forth herein, the Content of the OVAL Platforms or OVAL Services (including e.g., all Company intellectual property, text, visuals, and software) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose of any kind. Company does not warrant or guarantee uninterrupted access to the OVAL Platforms or OVAL Services, or any site linked to or by the OVAL Platforms or OVAL Services, and reserves the right to remove or modify Content at any time. Further, Company does not warrant or guarantee any particular outcome or benefit by using OVAL Platforms or OVAL Services.
Although the OVAL Platforms or OVAL Services may include links providing direct access to other Internet sites, Company 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. Company provides no warranties and explicitly disclaims any liability for any content or other information provided on other sites. By clicking on any links and navigating to an external website, User may be subject to any additional terms and conditions and/or terms of service that may be provided to access the linked website.
The Content provided on OVAL Platforms and OVAL Services is for informational purposes only. Company makes no guarantees that the Content will be accurate, current, or error-free nor does Company warrant the suitability of the Content for any particular purpose. Neither Company nor Agents nor the presenter assumes any responsibility for any loss, injury, or damage to any persons or property arising out of the use of or reliance on, the Content including without limitation any errors or omissions in any Content, posted, emailed, transmitted, or otherwise made available via the OVAL Platforms or OVAL Services. IT IS YOUR RESPONSIBILITY TO USE INDEPENDENT RESEARCH, EXPERTISE, OR KNOWLEDGE, INCLUDING BUT NOT LIMITED TO, SEEKING THE ADVICE FROM YOUR MEDICAL PROFESSIONALS, TO DETERMINE THE BEST PROGRAM FOR YOU.
Any User Content you post to OVAL Platforms or that is generated by you, in your use of, or participation with OVAL Platforms or OVAL Services (e.g., User Profile name, comments/posts, points earned, etc.) may be visible to third parties such as other persons with access to OVAL Platforms or OVAL Services, including other OVAL Platforms or OVAL Services users, vendors, Agents, Authorized OVAL Administrators, linked social media platforms (e.g., Facebook, Instagram, LinkedIn), or any other platforms or services that may be integrated with the OVAL Platforms or OVAL Services.
It may be possible for you to view or access Content posted and/or generated by other users of OVAL Platforms or OVAL Services, including user posts in community groups within OVAL Platforms, leaderboard rankings, and sending and receiving messages sent via OVAL Platforms or OVAL Services. Other than any auto-generated Content by Company (e.g., leaderboard rankings), Company is not responsible for the Content posted, generated, or sent by any other party with authorized access to OVAL Platforms or OVAL Services, including other users. However, Company reserves the rights to restrict User Content as set forth below.
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.
You are responsible for all content that you post, including any content posted using your username and password, to OVAL Platforms or OVAL Services. By posting content to OVAL Platforms or OVAL Services you represent and warrant that you have the right to post, publish, display, copy, or otherwise transmit such content and you further have the right to grant, and you grant OVAL the right to post, publish, display, copy, or otherwise transmit such content.
As with any digital content, once posted, you may lose the ability to control the content and distribution, including content visibility, editorial control, or the ability to remove or permanently delete all copies or transmissions of such content.
Users may link to OVAL Platforms and/or OVAL Services. However, any links to Company must not improperly imply an affiliation with or an endorsement by Company, or otherwise interfere with the operation of the OVAL Platforms or OVAL Services. Any links should open in a new browser window. OVAL Platforms or OVAL Services pages must not be placed in a “frame” within your own website and/or app without explicit prior written permission from Company.
Company may, in its sole discretion, hide, remove, or block any User-posted Content that may be discriminatory, offensive, or otherwise fails to comply with Company’s rules and/or policies. Further Company may, in its sole discretion, block or restrict User’s access to OVAL Platforms and OVAL Services for any said violation, and without any obligation, financial or otherwise, by Company to User.
Unless when otherwise provided, Company is the owner and/or licensee of all Content posted on, or otherwise accessible via the OVAL Platforms or OVAL Services, including logos, designs, text, graphics, images, audio clips, software, and process and such Content may be protected by U.S. and international copyright, trademark, or other intellectual property laws. The compilation of all Content on the OVAL Platforms or OVAL Services, including the “look and feel” of the OVAL Platforms is the exclusive property of, or used with permission by, Company and may be protected by U.S. and international copyright, trademark, or other intellectual property laws.
You acknowledge and agree that you do not acquire any ownership rights by virtue of using, accessing, or downloading from the OVAL Platforms or using OVAL Services. All rights not expressly granted hereunder are expressly reserved to Company.
Except to the minimum extent otherwise expressly permitted under copyright law, any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the OVAL Platforms is expressly prohibited, unless Company and any other applicable copyright owner has expressly granted its prior written consent to reproduce, retransmit, or republish 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 Company at info@OVAL.care. Please include a description of the Content that is allegedly being infringed, and where on the OVAL Platforms or OVAL Services the work may be found.
The use of any tools, programs, robotic algorithms, or products to automatically download or “spider” any of the OVAL Platforms, or pages therein is expressly prohibited and infringes on Company’s copyrights.
Company may immediately terminate, block, or restrict your access to, or use of, the OVAL Platforms or OVAL Services, if, in its sole discretion, Company 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. Company will not have any obligation to you, financial or otherwise, including compensation for any unused access to OVAL Platforms or OVAL Services, for acting in compliance with this provision.
If you enrolled with Company through an Authorized OVAL Administrator (e.g., your employer, gym, care facility, etc.), the Authorized OVAL Administrator is responsible for collecting and processing any payments that may be due to Company. Any issues regarding such payment, including amount owed, payment method, or payment dispute, should be handled directly with your Authorized OVAL Administrator.
If you enrolled with Company on Company website (www.OVAL.care), payments are collected and processed using a third party payment vendor. When submitting payment, you will be directed to a third party website to provide payment information. By proceeding with the payment, you may be bound by any terms and conditions and/or terms of service provided by such third party. Company does not directly collect or process any payments nor does Company have access to, or store on Company servers, any payment information that you provide.
Participation with OVAL Platforms and OVAL Services is voluntary and at any time, you may choose to participate or not to participate at your discretion. If you have been granted access to an OVAL Platform or OVAL Service, your access will remain active as long as your participation remains authorized, including by Authorized OVAL Administrator. If you decide to terminate your use of OVAL Platforms and OVAL Services, you can cancel your enrollment at any time. If you enrolled with an Authorized OVAL Administrator (e.g., your employer, gym, care facility, etc.), you should contact your Authorized OVAL Administrator directly to initiate your cancellation.
If you enrolled with the Company via the www.OVAL.care website (e.g., enrolled and submitted payment through your online OVAL account), you can log in to your account at OVAL.care and select the option to cancel your enrollment. Cancellation must be processed before 11:50 PM ET on the day before your billing cycle resets otherwise, your account will be billed for another period at the current rate. COMPANY DOES NOT PROVIDE ANY REFUNDS FOR ANY UNUSED PORTION OF OVAL PLATFORMS OR OVAL SERVICES ONCE YOUR PAYMENT HAS BEEN PROCESSED.
You, on behalf of yourself and your personal representatives, executors, heirs, family members, successors, and assigns, hereby knowingly and voluntarily agree to waive, release and discharge, and covenant not to sue Company for any liability, loss, damage, expense, claim or suit whatsoever for any and all injury, harm, illness, including COVID-19, loss, death, cost, expense, claim, suit, or damage related to your participation, including any negligent acts or conduct by Company or its Agents (collectively “Claims”).
You agree to indemnify and hold Company and Agents harmless from any and all losses, including without limitation attorneys’ fees, resulting from any claims based on, arising from, or relating to, your use of the OVAL Platforms or OVAL Services, or the use of any individual using your username or password to access the OVAL Platforms or OVAL Services. You further agree to indemnify and hold Company and Agents 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 username or password, of any of the terms of this Agreement.
In no event shall Company nor Agents 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 Company has been advised or should have known of the possibility of such damage. Company’s total liability in any event is limited to the amount, if any, you actually paid directly to Company for use of OVAL Platforms or OVAL Services, and you hereby release Company from any and all obligations, liabilities, and claims in excess of this limitation.
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.
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.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
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.
If you have any questions or comments regarding the OVAL Platforms or OVAL Services, please contact us at: info@OVAL.care.