Terms of Use

Last Updated: November 22, 2023

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.

Welcome to the websites and/or mobile applications owned and operated by or on behalf of RVO Health, LLC and its affiliated companies and brands, including, but not limited to, Healthline Media, LLC, Healthgrades Marketplace, LLC, Wellos, and Optum Now (collectively, “RVO Health”, “we,” “us”, “our”). References in these Terms to “RVO Health”, “we”, “us” or “our” are references to RVO Health, LLC and its employees, officers, directors, subsidiaries, affiliate entities, including any successor(s) entities. These Terms of Use, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, the “Terms”), govern your access to and use of our Services (defined below) and your affirmative act of using the Services, or registering for an account, constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. Any references to “you” or “your” in these Terms mean the person or entities using our Services (defined below), including the person’s heirs, assigns, or dependents.

By using the Services you agree to legally bind yourself to these Terms. If you do not wish to be bound by these Terms, you are not authorized to use the Services in any way.

I. General Terms

The Services

These Terms apply to (i) your use of and/or access to the rvohealth.com website and/or other websites which are owned or operated by RVO Health, LLC and its affiliates (collectively, “we,” “us,” or “our”), including any portions thereof available only to registered users, (ii) your use of and/or access to the mobile Applications (as defined below), and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, platforms, digital tools and other services and products provided by us that contain a link to, or are accessible after agreeing to, these Terms (collectively, the “Services”). The Services that we offer may be subject to additional guidelines, rules, or terms (“Additional Terms”) that are contained within the applicable Service. If there is any conflict between these Terms and any Additional Terms, the Additional Terms control with respect to that Service and all other provisions in the Terms that are not in conflict shall also apply.

Beta Services

A limited number of beta test participants are invited to use our Services from time to time. As a beta participant, You assume the risk and burden of working with our Services in testing or “Beta” stages with access to new and not-yet released features or functionality (the “Beta Services”) in order to provide Us with valuable feedback. Beta Services are for evaluation purposes and are offered as-is without any representations or warranties of any kind. We may discontinue Beta Services at any time or may choose to never make them fully available. We will not be liable for any harm or damage arising out of or in connection with any Beta Services. By using the Beta Services you agree to these Terms, specifically the Beta Services Terms in Section V. In the event that the Beta Services Terms conflict with any other section in these Terms, the Beta Services Terms shall govern. If you do not agree with the Beta Services Terms, you are not authorized to use the Beta Services.

We Do Not Provide Medical Advice; Talk with Your Doctor.

RVO HEALTH DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID, OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE SERVICES. THE INFORMATION, FEATURES, AND TOOLS MADE AVAILABLE ON OR THROUGH THE SERVICES TO HELP YOU LEARN ABOUT OR MANAGE YOUR HEALTH AND WELLNESS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS.

Nothing available through any Services is intended or should be taken to be the practice of medical or counseling care. We make no representations or warranties that any particular drug or treatment is safe, appropriate, or effective for you, or that any particular health care provider is appropriate for you. You should confirm all healthcare-related information with your health care professionals before making health care-related decisions. Your use of the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary, or professional relationship, or any other special relationship that would give rise to any duties on our part unless otherwise explicitly provided.

Third Party Services

Our Services may contain links to or provide interfaces with other services and websites that are owned and operated by third parties, such as nutrition information, meal planning, fitness, and other services (“Third Party Services”). In some instances, but not all, you can authorize us to act on your behalf to access, interact with, retrieve information from, and/or submit information to such Third Party Services. You can revoke our access to such Third Party Services by amending the appropriate settings within the Services or on the applicable Third Party Service, although doing so may limit or prevent you from using or accessing the Third Party Service through our Services. Please note that Third Party Services may change or amend their guidelines and our access to them at any time, and we cannot guarantee that our Services will always include a connection to such Third Party Services.

Except as otherwise provided, the links to these Third Party Services are provided solely for your convenience. Inclusion of these links (and their associated trademarks and logos) and other access to Third Party Services through the Services does not mean that these Third Party Services have endorsed RVO Health or that RVO Health has endorsed them. RVO Health does not guarantee the availability or functionality of these Third Party Services. We are not responsible for the accuracy, completeness, quality, availability, timeliness, validity, legality, and decency of the content, products, opinions, recommendations, services, or any other aspect of the materials or tools made available through any Third Party Services or for your use of them. Your use of Third Party Services is subject to the terms and conditions of use for such websites and/or services at your own risk. RVO Health shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with your use of Third Party Services.

Minimum Age Requirement

Unless otherwise indicated in these Terms, the Services are not intended or designed to be used by individuals under the age of 13. You may not use any Services if you are under the age of 13. If you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian must agree to these Terms on your behalf. Certain Services (e.g. the Wellos Program) may only be used by individuals who are 18 or older.

Registration as a Member; User ID and Account Security

Certain portions of the Services may only be available to registered members. To register as a member, you’ll need to provide some information about yourself, such as your name, email address, and answer a few questions.

As a registered user of the Services, you are responsible for protecting your account information, and you are solely responsible for all activity that occurs under your account. If your account is compromised, you agree to immediately inform RVO Health. RVO Health is not liable for any losses by any party caused by an unauthorized use of your account. You agree to keep your personal information with us accurate and up-to-date at all times.

Prohibited Conduct

You acknowledge and agree that you are not permitted to, and you will not, do or assist anyone else in doing any of the following:

1. Use the Services in any manner that violates any laws and/or regulations;
2. Advocate or encourage illegal activity;
3. Use the Services for commercial purposes (including by posting advertising or solicitations) or in any manner that competes with any product or service of RVO Health;
4. Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Services;
5. Post or communicate harassing, threatening, harmful, obscene, defamatory, abusive, fraudulent, illegal, infringing, offensive, hateful, or libelous materials, as determined by RVO Health at its sole discretion;
6. Misrepresent your identity or provide us with any false information at any time on or through the Services;
7. Allow another user to use your credentials to access the Services, or use the credentials of another user to do the same; or
8. Engage in any activity that threatens the security or functionality of the Services, including but not limited to:
   • Attempting to gain unauthorized access to any Services, user accounts, computer systems, or networks through any means;
   • Introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   • Using manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other content, data, or other information contained in the Services, or otherwise use, access, or collect content, data, or information contained in the Services using automated means. If you are blocked from the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address);
   • Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
   • Intentionally or unintentionally launching or facilitating any denial-of-service attack on the Services;
   • Engaging in viral messaging, spamming, spimming, or sending of unsolicited advertisements, solicitations, or bulk communications, or distributing chain mail or harmful computer code, viruses, or malware; or
   • Using the Services in any way that could, in RVO Health’s sole judgment, interfere with any other party’s use or enjoyment of the Services, or in a manner that could overburden, impair, damage, or disable our networks or servers, or expose us or our licensors, users, customers, or suppliers to any claims or liability.
9. Attempting to carry out or assisting anyone in any of the foregoing.

You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms, including suspending your use of the Services. Without limiting any other rights we have, you agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violates our Terms, (ii) could expose us and/or our vendors or business partners to liability, or (iii) could harm our business reputation or that of our vendors and business partners.

Ownership of the Services

The Services and their content are provided solely for your personal, noncommercial use in accordance with these Terms. You agree that the Services (and all content contained therein), as well as the underlying software, systems, metadata, data, and other proprietary technology and methodologies (collectively, “RVO Health Property”), are protected by intellectual property and other laws, and are the property of RVO Health and/or its licensors. You may not, and you agree you will not, modify, copy, reproduce, prepare derivative works from, license, sublicense, sell, resell, rent, transfer, translate, redistribute, transmit, republish, reverse engineer, decompile, or disassemble any RVO Health Property in any way without the prior written permission of RVO Health and any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any RVO Health Property and shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services. Noncommercial use does not include the use of content without prior written consent from RVO Health in connection with: 1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or 2) providing archived or cached data sets containing content to another individual or entity. All rights not expressly granted herein are reserved to RVO Health and its licensors.

Ownership of and Our Rights to Your Materials and Feedback

We may make available to you the ability to publicly post, submit, email, or otherwise make available on or through the Services (including via email to us) information, text, or materials (“Your Materials”). Except as otherwise provided in our Privacy Policy and Additional Terms relevant to certain Services, communications containing Your Materials are public and not private communications, and you are entirely responsible for Your Materials. You represent and warrant that Your Materials included in public communications do not include confidential or proprietary information or violate any other party’s intellectual property, privacy, or other rights. Subject to the license grant below, as between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology, or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Services (collectively “Feedback”), you represent and warrant: (i) that you have the right to disclose the Feedback; (ii) that the Feedback does not violate the rights of any person or entity; and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us (and any of our vendors to the extent you provide Feedback to them) an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against RVO Health its vendors and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. This section applies whether you provide the Feedback through the Services or through any other method of communication.

Use and Storage Practices

You acknowledge that RVO Health may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on RVO Health’s servers on your behalf. You acknowledge that RVO Health reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RVO Health reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Disclaimers; We Make No Warranties

We try to keep the Services bug free and safe, but you use them at your own risk. We provide the Services “as is,” “with all faults,” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES, OR ANY INFORMATION CONTAINED IN THE SERVICES, IS ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND ANY SERVICE, MATERIAL, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, OR USE OF RESOURCES OR PARTICIPATION IN ANY PROGRAMS OR ACTIVITIES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH HEREIN.

Limitation of Liability

YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE SERVICES, AND/OR FOR ANY BREACH OF THESE TERMS, IS SOLELY LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. THIS MEANS THAT WE HAVE NO LIABILITY TO YOU WHERE WE PROVIDE YOU WITH SERVICES FREE OF CHARGE. YOU AGREE THAT WE ARE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES, OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, ANY TERMINATION OF YOUR ACCESS TO OR DISCONTINUANCE OF THE SERVICES, OR ANY BREACH OF THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND LOSS OF GOODWILL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE FOREGOING LIMITATION OF LIABILITY IS NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY; PROVIDED, HOWEVER, WE WE ARE NOT LIABLE FOR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

Time Limit for Bringing Claims

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES, OR YOUR RELATIONSHIP WITH US MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE THE CLAIM AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.

Notwithstanding the foregoing, the above statute of limitations shall not apply to residents of New Jersey.

Indemnification

You agree to defend, indemnify, and hold harmless the RVO Health from all third party claims, liabilities, losses, damages, and expenses, including but not limited to, reasonable legal and attorneys’ fees, that, in each instance, arise out of, or are related to: (i) your use or misuse of the Services, (ii) Your Materials, and/or (iii) your violation of these Terms. Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold the RVO Health harmless from and against any third party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any such litigation, you will cooperate with us in asserting any available defenses.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

THE FOLLOWING SECTIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Resolving Disputes – Let’s Try to Sort Things Out First

We want to address your concerns without resorting to a formal legal case. Before either party may file a claim against the other, we both agree to try to resolve the dispute informally. You can contact legal@rvohealth.com to initiate the dispute resolution process. We’ll try to resolve the dispute informally. If a dispute is not resolved within 30 days of submission, you or RVO Health may bring a formal arbitration proceeding as described below.

Agreement to Arbitrate

You and RVO Health agree to resolve any claims relating to these Terms, the Services, our relationship, through final and binding arbitration conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms,except as set forth under “Exceptions to Agreement to Arbitrate” below.

Location of Arbitration

The arbitration shall be held in the state in which you reside or any other location as agreed upon between you and RVO Health. For residents outside the United States, arbitration shall be initiated in the State of Delaware, or any other location to which the parties agree in writing. You and RVO Health further agree to submit to the personal jurisdiction of any state or federal court in the State of Delaware, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by sending a letter to RVO Health that must be postmarked within 30 days of your first acceptance of terms containing an arbitration provision or by sending an email to legal@rvohealth.com within the same time period. The letter or email must specify your first and last names, RVO Health User ID, mailing address, and explain that you are opting out of the RVO Health Terms arbitration provision. The letter should be sent to RVO Health Health, LLC, Attn: Legal Department, 1101 Red Ventures Drive, Fort Mill, SC 29707. If you opt out of these arbitration provisions, RVO Health will not be bound by them either.

Arbitration and Attorney’s Fees

You will be required to pay the applicable fee for consumer arbitrations when initiating the arbitration. RVO Health will pay all other arbitration fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless RVO Health is otherwise specifically required to pay such fees under applicable law. The arbitration shall be conducted in accordance with the JAMS streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and JAMS comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, excluding any rules or procedures governing or permitting class actions. The decision of the arbitrator will be in writing and binding and conclusive on RVO Health and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. RVO Health and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, RVO Health and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. In which case, either party, including RVO Health, may be awarded attorneys’ fees and costs if permitted by law. RVO Health and you understand that, absent this mandatory arbitration provision, RVO Health and you would have the right to sue in court and have a jury trial. RVO Health and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Severability; Waiver of Jury Trial

Except as explicitly provided herein, if any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, RVO Health and you agree to waive, to the fullest extent allowed by law, any trial by jury will be brought in the federal or state courts of the State of Delaware. Both you and RVO Health consent to venue and personal jurisdiction there.

Exceptions to Agreement to Arbitrate

Either you or RVO Health may assert claims, if they qualify, in small claims court with jurisdiction over the claim, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit alleging intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions

We agree that each party may only resolve disputes with the other party on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. We agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND RVO HEALTH ARE GIVING UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION AS STATED ABOVE OR CEASE USING OUR SERVICES.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Changes to the Arbitration Agreement and Class Action Waiver

RVO Health will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration Agreement and Class Action Waiver by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection is not enforceable or valid, then this subsection shall be severed from the remainder of the Arbitration Agreement and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration Agreement and Class Action Waiver section in existence after you began using the Services.

Survival

This Arbitration Agreement and Class Action Waiver section shall survive any termination of your account or the Services.

Choice of Law

You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Delaware governs these Terms and any claim or dispute that you may have against us, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Procedures for Notification of Copyright Infringement

If you believe that your copyrighted work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, you may notify us via email at legal@rvohealth.com or by mail at RVO Health Health, LLC, Attn: DMCA Registered Agent, 1101 Red Ventures Drive, Fort Mill, SC 29707 and provide the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us 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;
5. 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
6. 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.

Linking to Us

Unless you have a written agreement with us that specifies otherwise, the following are the rules for adding a link to the websites available through the Services from your website:

1. You may not link to any live stream or live streaming event on the Services (except with our express prior written consent).
2. The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with RVO Health’s good name and trademarks.
3. The appearance, position, and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by RVO Health.
4. The link, when activated by a user, must display the website full-screen and not within a “frame” on the linking website and linking must not trigger any interstitial or pop-up or pop-under windows.
5. The link will not be used in connection with or appear on a website that a reasonable person may consider offensive, obscene, defamatory, or otherwise malicious. RVO Health, in our sole discretion, may immediately remove or disable any links that violate this provision and shall have no liability whatsoever to any third party who uses the link.
6. We reserve the right to revoke consent to the link to websites available through the Services at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links.

Notices

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Services (collectively, “Notices”). You agree that we can send you Notices (i) to the email address that you provided to us during registration, (ii) to any email account you open with a Service, or (iii) by posting the Notice on the Services. Our delivery of any Notice is effective when sent, regardless of whether you read the Notice, when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by notifying us in writing via email to legal@rvohealth.com or as otherwise expressly provided by us in writing.

Changes to These Terms or the Services

From time to time, we may, in our sole discretion, modify these Terms. We may also upgrade, enhance, change, terminate, and modify the Services, including by discontinuing a Service or any aspect or feature thereof (collectively, “Modifications”). If we make any material changes to the Terms, we will attempt to notify you by email (sent to the email address specified in your account) or by means of a notice on the Services prior to the change becoming effective, which you agree is sufficient to bind you to any such Modification. In any event, changes to these Terms will be reflected in an updated version that will be posted on the Services, and all changes will be effective upon such posting. You agree to regularly review these Terms so that you will be apprised of all changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend. If you disagree with the Modifications, you should cancel your account with RVO Health by providing written notice to us and cease all use of the Services. By continuing to use the Services after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications.

Assignment

We may assign these Terms at any time without notice to you. You may not assign these Terms to anyone else. Any attempted assignment or delegation by you is null and void.

Termination

We may cancel, suspend, or block your use of the Services and/or registration at any time, without cause and/or without notice. Unless otherwise noted, you may cancel your account at any time, but you will not receive a refund of any fees paid to RVO Health. Your right to use the Services will end once your account is canceled or your access to the Services is terminated for any reason, and any data you have stored on a Service may be unavailable to you after that.

Entire Agreement; Miscellaneous

These Terms, and any supplemental terms, policies, rules, and guidelines posted on the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. Except as set forth in the Arbitration Agreement and Class Action Waiver section, if any part of these Terms is held invalid or unenforceable as a matter of law, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You acknowledge that we have the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.