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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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 email@example.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.
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.
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.
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.
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.
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.
This Arbitration Agreement and Class Action Waiver section shall survive any termination of your account or the Services.
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.
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 firstname.lastname@example.org 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:
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:
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 email@example.com or as otherwise expressly provided by us in writing.
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.
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.
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.
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.
The following terms apply to your access to or use of any RVO Health mobile application, if available, (together with all information and software associated therewith, the “Application” or “Applications”) through any device (such as tablets, mobile phones, etc.).
We grant you a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Applications solely for your personal, non-commercial use on a mobile or tablet device owned or controlled by you and only in accordance with the Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license, and not a sale of, the Applications to you.
Use of the Application requires Third Party Services and equipment such as a compatible mobile device, Internet access, and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. We are not responsible for equipment defects, lack of service, dropped calls, or other issues arising from Third Party Services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application.
You agree you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Applications. You acknowledge that RVO Health may issue an upgraded version of its mobile applications and may automatically upgrade the mobile application that you are using. You consent to such automatic upgrading and agree that the then-current Terms shall govern all such upgrades. RVO Health’s mobile applications or other aspects of the Services may include third party code and other software, which is governed by the applicable open source or third party end user license agreement, if any, that authorizes the use of such code.
You agree to comply with all applicable terms, conditions, and agreements between you and any third party that provides products or services that facilitate or enable your use of any mobile applications, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.
Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.
If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:
In addition, you represent and warrant that:
If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and RVO Health only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) RVO Health, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms as it relates to RVO Health’s Google-Sourced Software.
These SMS terms govern the provision and delivery of text messages by us or our text message service providers to you. RVO Health makes available text message services to provide you with information you requested and/or features of the Services. RVO Health may also send you RVO Health SMS for multi-factor authentication purposes to help protect your account.
You may subscribe to SMS by signing up through our Services or by initiating an SMS chat session with us. By signing up or otherwise initiating SMS, you agree to these terms and that RVO Health or its agents may use any automated or non-automated technology to send you informational text messages. You acknowledge that certain messages may contain your sensitive health or other information and there is a risk of interception or disclosure of the contents of the messages. RVO Health will not require you to receive promotional text messages as a condition of using the Services made available by RVO Health.
RVO Health does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
We may send you an initial message confirming that we have received your opt-in. After that, the specific amount of text messages may vary depending on how you use the Services and whether you take steps to generate additional text messages from us (such as by sending a HELP request or initiating SMS sessions).
Content is not available on all carriers and carrier participation could change. The content is not compatible with all mobile device models. RVO Health will not be liable for any delays in the receipt of any text messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. Mobile carriers (T-Mobile®) are not liable for delayed or undelivered messages.
By signing up to receive SMS, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these RVO Health SMS Terms, which forms a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided. In the event that you change or deactivate the mobile number you enrolled in RVO Health SMS, you agree you will promptly notify RVO Health at firstname.lastname@example.org to have your number removed and/or updated.
Depending on what types of SMS programs you have opted into, you may receive SMS from different originating phone numbers. To opt out of a SMS program, you must text STOP to the applicable texting program. Replying STOP to one SMS program will not opt you out of other programs you are enrolled in, so you must reply STOP to all programs to opt out of all SMS. You further agree that texting STOP in response to our text message is the only reasonable method of opting out of a SMS program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. After unsubscribing, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can resume your enrollment by opting in, if available, through the applicable service. For more information about SMS, please contact us at email@example.com or text HELP in response to one of our text messages.
If you sign up for the Wellos Program (as defined below), the following terms apply to you. The Wellos Program is a comprehensive digital wellness program that provides certain tools, including but not limited to online wellness coaching, the ability to track your weight and weight loss goals, the ability to track and understand the nutritional value of what you eat and drink, and track your physical activity, achievements, and other services and tools used in a weight loss program (the “Wellos Program”). In order to use the Wellos Program Services, you must meet the eligibility requirements below, register as a user, and purchase a subscription for a fee.
You must be 18 years or older to register for the Wellos Program. The Wellos Program does not take into consideration the nutritional and wellness needs of certain populations, such as those who are pregnant or breastfeeding, managing or recovering from an eating disorder, or under the care of a physician or taking prescription medication. If you are pregnant or breastfeeding, or managing or recovering from an eating disorder, you are not eligible to use our Services. If you are under the care of a physician or taking prescription medication, please consult with your healthcare provider before joining Wellos and make sure the program is right for you.
You are required to purchase a Wellos subscription for a fee to access the Wellos Program. You agree that any termination or cancellation of your Wellos subscription and access to the Wellos Program may be done without prior notice to you. Except as otherwise noted under “Cancellation and Refunds” below, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to the Wellos Program.
If you purchase a Wellos subscription you are responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of purchase. Your Wellos subscription will automatically renew for successive periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method chosen upon subscribing. Your non-cancellation or continued use of the Wellos Program will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, we will attempt to reach out to you to fix any such failed attempts. If we are unable to remedy payment we will cancel your subscription and alert you of cancellation of your Wellos subscription.
If (a) you purchased a multiple-period prepayment plan or (b) you were eligible for a promotional rate but are no longer eligible for that rate, then your Wellos subscription will be offered to renew at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your Wellos subscription prior to the termination of your current plan. If you fail to renew your Wellos subscription before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
If you signed up for Wellos via a mobile device, you can cancel your subscription on your mobile device directly through the App Store (iOS) or Google Play Store (Android) under Settings/your-name/ Subscriptions. If you signed up for Wellos on your browser, you can cancel your subscription under Manage Subscriptions under your Profile Settings. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid Wellos subscription, your subscription will remain active until the end of your then-current subscription period. Payments are nonrefundable except as set forth below. If you cancel, modify your subscription, or if your account is otherwise terminated, you will not receive a credit, including for partially used subscription terms. If you mistakenly purchased a Wellos Subscription, you may request a refund within 48 hours of your first purchase. If you have issues requesting a refund, please contact Wellos Customer Service at firstname.lastname@example.org.
You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website, platforms or mobile applications. If your registration or subscription is revoked for any reason, you agree not to register a new Wellos subscription using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms and/or by law.
As part of the Wellos Program, we partner with third parties who maintain a food database that contains nutritional information entered directly by such third party and nutritional information entered by users (“Food Database”).
RVO HEALTH DOES NOT (A) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (B) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL RVO HEALTH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.
Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of RVO Health.
RVO Health grants to You a non-exclusive, revocable (at any time and for any reason, in RVO Health’s sole discretion), royalty-free, non-transferable, non-assignable limited license (without the right to sublicense) to use the Beta Services in accordance with these Terms and any documentation provided to you.
The purpose of this limited license is the testing and evaluation of the Beta Services by You. In furtherance of this purpose, You shall provide feedback to RVO Health concerning Your use and experience, and the functionality and performance of the Beta Services from time to time as reasonably requested by RVO Health, including, without limitation, identifying potential errors and improvements (collectively the “Feedback”). You will provide Feedback in the form of a survey or in any other manner reasonably requested by RVO Health. RVO Health may use the Feedback, without restriction in any manner now known or in the future conceived, to improve or enhance its products and services and, accordingly, you hereby grant to RVO Health a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license, with the right to sublicense (i) to use, reproduce, disclose, distribute, modify, prepare derivative works of and otherwise exploit the Feedback and other information you provide to RVO Health hereunder, and (ii) to make, use, sell, offer to sell, import and export any product or service that incorporates the Feedback and other information you provide to RVO Health hereunder.
You shall not disclose, provide, or share in any manner the Beta Services to any third party. Except to the extent contrary to any applicable laws, You will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Beta Services. The Beta Services and all performance data and test results, including without limitation, benchmark test results (collectively “Performance Data”), relating to the Beta Services are the confidential information of RVO Health. Accordingly, You shall not publish or disclose to any third party any Performance Data relating to the Beta Services.
RVO Health shall own and retain all right, title and interest in and to all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret, recognized in any jurisdiction worldwide, whether perfected or not, and any similar and other proprietary rights (the “Intellectual Property Rights”). Intellectual Property Rights in the Beta Services and any derivative works thereof, subject only to the limited license expressly set forth above. You do not acquire any other rights, express or implied, in the Beta Services. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO RVO HEALTH.
RVO Health is under no obligation to support the Beta Services in any manner or to provide any modifications, error correction, bug fix, new release, or other updates to or for the Beta Services (“Update(s)”) to You. In the event RVO Health, in its sole discretion, supplies any Update to You, the Update shall be deemed Beta Services under these Terms and shall be subject to our Terms as set forth herein.
Your rights with respect to the Beta Services will terminate upon the termination of the Beta as determined by Us. Either party may terminate the use or license, as applicable, of the Beta Services at any time for any reason or no reason by providing the other party advance written notice thereof. You agree that your use of the Beta Services will automatically terminate without notice in the event You violate any of the terms herein. Upon any expiration or termination of the Beta Services, the rights and licenses granted to You hereunder shall immediately terminate, and You shall immediately cease using, and will destroy or render practically inaccessible the Beta Services and all other tangible items in Your possession or control related to the Beta Services. The rights and obligations of the parties set forth in these Terms, to the extent applicable, shall survive termination or expiration of this agreement for any reason.
LIMITATION OF LIABILITY. IT IS UNDERSTOOD THAT THE BETA SERVICES ARE PROVIDED WITHOUT CHARGE FOR THE PURPOSES EXPRESSLY PERMITTED UNDER THESE TERMS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, BUT SUBJECT ALWAYS TO THIS LIMITATION OF LIABILITY, THE TOTAL LIABILITY OF RVO HEALTH AND ITS AFFILIATES AND LICENSORS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED $1.00. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RVO HEALTH OR ITS AFFILIATES OR LICENSORS HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, STATUTE, CONTRACT OR OTHER), EVEN IF RVO HEALTH AND ITS AFFILIATES AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES ACKNOWLEDGE THAT THE VARIOUS CONSIDERATIONS DUE TO RVO HEALTH IN ACCORDANCE WITH THESE TERMS WERE TAKEN INTO ACCOUNT IN DETERMINING THIS LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THESE TERMS AND THAT RVO HEALTH WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
WARRANTY DISCLAIMER. IT IS UNDERSTOOD THAT THE BETA SERVICES, AND ANY UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR THE PURPOSES EXPRESSLY PERMITTED UNDER THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE BETA SERVICES LIMITATION OF LIABILITY SECTION ABOVE, THE BETA SERVICES AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO WARRANTY DISCLAIMER, RVO HEALTH AND ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge that the Beta Services may contain features currently under development, that RVO Health has not promised or guaranteed to You that such Beta Services will be made available to anyone in the future, that RVO Health has no express or implied obligation to You to introduce the Beta Services or RVO Health’s commitment to release any product or services in the future.
If you have questions about any of these Terms, please do not hesitate to contact us. We will be glad to help in any way that we can. You can reach us at email@example.com.