Last updated 07/10/23
Introduction and summary
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS.
Entering the Agreement
Please read these terms carefully. If you do not agree with all of them, you may not use the Services and you should not enter any of your information into our app(s) or website(s), or communicate any information to our wellness coaches or to other team members.
You agree that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided ‘as is’ and without warranty or representation.
You may not use the Services if you are A) under 13 or if parental consent is required under applicable law for you to use the Services or provide personal data to Ovia Health; B) a direct competitor of Ovia Health investigating the Services for competitive research; or C) otherwise using the Services for a harmful, malicious, disruptive, or unlawful purpose. You certify that you are not listed on any sanctions list published by the U.S. Departments of Commerce, Treasury, or State, including, but not limited to, the Specially Designated Nationals or Blocked Persons List or Denied Persons List and you certify you are not accessing any Services or Content (as defined below) from an embargoed destination such as Cuba, Iran, North Korea, or Syria. Ovia Health Services are not intended for use in Quebec.
3. Suspension and Termination
We have the right to cancel our service at any time in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Ovia Health has the right to terminate or suspend your account or your access to any product features in the event that we determine, at our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.
4. Modification of these Terms
Ovia Health reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the mobile application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
5. Description of the Services
Our Services may include communications or content that you receive outside of the Ovia applications, including email messages, push notifications, phone calls, videoconferencing, social media content and interactions, and our website materials.
5.3 Use of Your Information.
5.4 Ovia Health Maternity and Family Benefits.
Some users will have access to additional features within the app as part of the maternity and family benefits provided by their employer or their insurer.
5.4.a Digital Health Coaching.
The digital health coach feature allows a user to write a message to an Ovia health coach within the Ovia apps or to schedule a telephone coaching session. Importantly, Ovia does not provide an instant response to coaching messages or requests. Access to coaches is provided for educational and information purposes only. Coaches are available to support you in making more informed decisions about your fertility, pregnancy, reproductive health and parenting journeys, not make these decisions for you. Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital coaching services: please call your doctor or 911 immediately.
5.4.b Customized Content.
A user may see customized content related to their health and wellness benefits. We cannot guarantee the accuracy of the benefits information provided to us by third parties. Each user should check their benefits plan before making decisions based on information within the Ovia apps.
6. Assumption of risk; no guarantee of success
6.1 Content disclaimer.
A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by Ovia Health or its suppliers, and other Content is provided by users, such as MyQ poll statistics and any Community features. Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services. The Content is based on U.S. medical guidelines and the guidelines in other countries may be different. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Ovia Health. Ovia Health does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within the Community feature.
Ovia Health does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, Ovia Health will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
6.2 Assumption of risk.
You use our Services at your own risk.
- There is no guarantee that using our Services will result in a successful or healthy pregnancy, nor that connecting you with a fertility specialist will result in a successful or healthy pregnancy.
- The Services are not intended for use as a method of contraception.
- Because our Services focus on educating you about reproductive health, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications, and more. If you are sensitive to this sort of subject matter, please do not use our Services.
7. Ovia Health does not provide medical advice
THIS IS FUNDAMENTALLY IMPORTANT: Ovia Health does not provide medical advice. Furthermore, the Services are not intended for use as a medical device and do not provide treatment or diagnoses.
Please do not ask Ovia Health for–or rely on–anything that we communicate as medical advice, treatment or diagnoses. Although Ovia Health’s Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate. Even if a statement we make about a health or medical issue is accurate, it may not apply to you or a child in your care’s symptoms.
The health or medical information we write about is, at best, general and cannot substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, or other healthcare provider). No one at Ovia Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you, or a child in your care, may have a medical emergency, call your doctor or 911 immediately.
Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, information, manufacturer, service provider or medical provider that may be mentioned in our Content or communicated to you through the Services. Reliance on any information provided by Ovia Health, Ovia Health employees, or others appearing in our Services is solely at your own risk. No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, providers, or services.
8. License to use the Services
Subject to your acceptance of these Terms, Ovia Health grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any source code or object code of Ovia Health or our licensors.
9. Your contact with advertisers, your health benefit providers or other third parties through the Services
In using our Services, you may come across content (such as hyperlinks, articles, timeline content, Community questions and advertisements) provided by or linking to third party properties. Your dealings with advertisers or other third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement or guarantee by Ovia Health of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.
If you receive Ovia as a benefit through your health insurer or employer, your health insurer, employer health plan, employer or their contractors may communicate with you through the Services. Ovia is not responsible for any such communications nor for any acts or omissions of your health insurer, employer, employee health plan or their contractors.
Ovia Health does not make any representations or warranties with respect to any content or privacy practices of third parties or any items or services that may be obtained from such third parties, and you agree that Ovia Health will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.
Our website contains some affiliate marketing links, which means we get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships.
10. Intellectual property
Ovia Health’s Services and the information contained therein is the property of Ovia Health and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless expressly permitted by these Terms.
“Ovuline”, “Ovia Health”, “Ovia”, “Ovia Fertility”, “Ovia Pregnancy”, “Ovia Parenting” and “MyQ” are registered or unregistered marks of Ovia Health, Inc. and may not be used without written permission from Ovia Health.
11. Notice and takedown procedures / DMCA
If you believe any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting Ovia Health’s Designated Agent:
263 Summer Street
Boston, MA 02210
and providing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., URL or path) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Ovia Health maintains a policy for the termination of users who are infringers.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.
12. Use of Ovia Health Content
Ovia Health authorizes you to view or download a single copy of the material contained in the Ovia Health Services solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Ovia Health or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Ovia Health. All rights not expressly granted herein are reserved to Ovia Health and its licensors.
Nothing contained on the Ovia Health website or applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any documents displayed on or through the Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Ovia Health or such third party that may own copyrights in material displayed on or through the Services.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
13. Limitation of liability / disclaimer of warranties
Ovia Health and its vendors, licensors and business partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on any Ovia Health Service. In particular, but without limitation, you are agreeing that Ovia Health and its vendors, licensors and business partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found in the Content or on or through the Services, or any aspect of your relationship with a spouse or partner, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations, and if you do not agree to these limitations, do not use the Services. No advice or information you obtain from us or through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event that Ovia Health is found to have a liability to you, you agree that to the extent permitted by law our aggregate liability for any cause whatsoever and regardless of the form of action will at all times be limited to the amount that you or your employer paid, if any, to Ovia Health with respect to your individual use of the Ovia Health Service in question. In addition, you specifically agree and acknowledge that Ovia Health is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
THE OVIA HEALTH SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. OVIA HEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Specifically, Ovia Health MAKES NO REPRESENTATIONS OR WARRANTIES about the following:
- The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the use of the Ovia Health Services.
- The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Ovia Health Services.
- The Services will be uninterrupted, or free of errors, viruses, or other harmful components.
In no event will Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Ovia Health Services. You will hold Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors and business partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Ovia Health Services.
14. Statute of limitations
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action.
15. User-submitted Content and Personal Data
15.1 Representations made and rights granted.
15.2 Sharing of Content with Family and Friends.
You have the ability to invite family members and/or friends (“Invitee”), to see and receive Content through our applications. These Invitees may have the same access to Ovia-generated content as you do; he or she will also be able to invite others (“Invitees”). Be mindful of who you invite; this person may have access to Content and personal data that you have entered. When you choose to share your application experience with Invitees, those individuals will be able to view and share your Content including, but not limited to, posts, notes, messages, photos, videos, etc. The Invitee may also be able to add content to your application experience, such as notes, photos, videos, etc. If you do not want your personal data shared with Invitees, you should not invite family members and/or friends to view or receive your content.
15.3 Photos and Names in Ovia Parenting.
When you submit a child’s profile photo and name in Ovia Parenting, that image and name will be used in Ovia’s daily emails to Invitees and account owners. By submitting the child’s photo and name, you acknowledge that such is not confidential and that you have all necessary permission to submit, post, and otherwise make the photo and name available and consent to Ovia using that photo within the app and in email communications to Invitees and account owners. It is important that you understand that emails with a child’s photo and name could easily be forwarded to anyone by either an Invitee or an account owner. If you do not want a child’s photo and name to be distributed widely, you should not submit a child’s profile photo or name.
15.4 Prohibited content.
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload, post or transmit any communications or content of any type that:
- constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, any advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures.
- gives or purports to give medical advice
- infringes upon or violates any rights of any party
- impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications
- infringes on the intellectual property, privacy, or publicity rights of others
- is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as reasonably determined by Ovia Health
- violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
- promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances
- harvests or otherwise collects information about others, including email addresses, without their consent
- discloses the personal data of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information
- distributes viruses or other harmful computer code
- restricts or inhibits any other person from using or enjoying the Services, or which, in the reasonable judgment of Ovia Health, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type
- deals with minors under 13 years of age without the consent of their parents
- violates Ovia Health’s Community Standards
16. Usage rules
In addition to the prohibited content rules in Section 15.4, you agree that your use of and conduct on the Services shall be lawful and will not:
- be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services
- trick, defraud or mislead Ovia Health or other users, especially in any attempt to learn sensitive account information such as passwords
- make improper use of Ovia Health’s support services or submit false reports of abuse or misconduct
- disparage, tarnish, or otherwise harm Ovia Health and/or the Service
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices
- reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services
- access or attempt to access any parts of the Services or Ovia Health infrastructure not intended for use by end users of Ovia applications, nor access or attempt to access any data of other users
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
- cover or obscure any notice, banner, advertisement, or other branding on the Services
- interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services
17. Children’s privacy
All registered members of the Services are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Ovia Health passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Ovia Health account and password; (3) inform Ovia Health of any need to deactivate their password or change their registration, as soon as possible.
For any Ovia Health-related account, we recommend choosing passwords that are:
- Unique (not re-used anywhere else)
- Complex (a mix of letters, numbers, symbols, uppercase, and lowercase; not any part of your name, and not easily guessed)
- Long (greater than 5 characters)
- Changed regularly (at least once a year)
Ovia Health operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Any practices, standards or guidelines reflected in our content are from the United States and may be different from those of other countries. Access to the Content may not be legal by certain persons or in certain countries. If you access the Ovia Health Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Without limiting the survival of any other provisions that survive in order to be effective, the following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement
20. Dispute resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND OVIA HEALTH TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND OVIA HEALTH CAN SEEK RELIEF FROM EACH OTHER.
A. Arbitration Agreement. You and Ovia Health mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at www.adr.org or by calling 800-778-7879), except as modified below or otherwise agreed to. As used in this Arbitration Agreement, “Dispute” means any dispute, claim, or controversy between you and Ovia Health, including any past, currently pending, existing, or future dispute or disagreement, except: (a) claims by employees of Ovia Health related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Ovia Health agree that you are each giving up, to the fullest extent of the law, any right to have disputes resolved in court before a judge or jury.
B. Class Action Waiver. You and Ovia Health also mutually agree that, to the fullest extent allowed by law, and except as expressly set out below, each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, mass, or representative proceeding. Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding, except as stated below. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.
C. Arbitration Procedures. Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts. In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief that a court could award, but any award or recovery must be consistent with this Agreement. You and Ovia Health also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your principal place of residence. Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. To the fullest extent of the law, 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, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding.
1. Each party retains the right to elect before or within 30 days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such court’s jurisdiction.
D. Pre-Arbitration Notice and Good Faith Negotiations. Both you and Ovia Health agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally. The notice must be specific and individual to you and include: (i) your name, street address, telephone number, and the email address you use or used for the online services; (ii) a brief description of the dispute; (iii) the amount of money (if any) at issue; and (iv) the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or an Ovia Health employee, depending on which party is providing notice. Notice sent by you to Ovia Health will be sent to the following email and street addresses: email@example.com and firstname.lastname@example.org and 263 Summer Street, Floor 6, Boston , MA 02210. Notice sent by Ovia Health to you will be sent to the email address that you provided to Ovia Health. This notice is a requirement and condition precedent to initiating any arbitration proceedings.
- If you and Ovia Health cannot agree how to resolve the dispute within 45 days after the notice is received by the other party, then either you or Ovia Health may, as appropriate and in accordance with this Dispute Resolution section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature. Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 45-day period.
- Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision (paragraph D) is an issue for a court to resolve, not the arbitrator.
E. Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the District of Massachusetts (currently, $402.00). For individual damages claims with less than $25,000 at issue, Ovia Health will pay the additional, reasonable fees and costs of arbitration, not including attorneys’ fees. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or Ovia Health’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
G. Forum Selection. For any dispute not subject to arbitration, you and Ovia Health agree to proceed exclusively in state and federal courts covering Suffolk County, Massachusetts and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.
21. Applicable Law
These Terms are governed by the substantive laws of The Commonwealth of Massachusetts (excluding its choice of law rules).
22. Availability of Services
Ovia Health may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.
23.1 Termination by Ovia Health.
You agree that Ovia Health may terminate your account at any time for your violation of any of the provisions of these Terms.
23.2 Termination by you.
If you are dissatisfied with the Ovia Health Services, please let us know by e-mailing us at email@example.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Ovia Health in providing the Services, or (d) any Content or information transmitted through the Services, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Ovia Health notice of termination by emailing us at firstname.lastname@example.org.
23.3 Consequences of termination.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Ovia Health’s prior written consent, but may be assigned by Ovia Health without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
25. No agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ovia Health as a result of these Terms or use of the Ovia Health Services.
26. Complete Agreement
27. Contact us
For questions or comments about the Terms, please email us at email@example.com.
You can also reach us by mail at:
Ovuline, Inc., dba Ovia Health
263 Summer Street
Boston, MA 02210