USER AGREEMENT AND AUTHORIZATION FOR USE OF PERSONALLY IDENTIFIABLE INFORMATION
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CHECKING THE "I ACCEPT" BOX
By checking the "I Accept" box, you are indicating that you have read and understand this User Agreement and Authorization for Use of Personally Identifiable Information ("this Agreement") on the "Create Your Account" webpage on this website. By checking the "I Accept" box, you are agreeing to the terms and conditions of this Agreement as it relates to you becoming a Subscriber of the services of OOVA, Inc. ("OOVA"). By checking the "I Accept" box, you are indicating that you agree to be bound by terms and conditions of this Agreement. You are referred to in this Agreement as "I" or "me" or "my."
As a condition to my subscription to and my right to use the OOVA Services (defined below), OOVA and I agree to the following terms and conditions:
Access to OOVA Services. OOVA operates an online wellness service enabling a subscriber ("Subscriber") to collect information and results to share with their health-care provider (a "Health Advisor") to obtain laboratory testing and medical advice regarding the results of such tests and other wellness-oriented advice (the "OOVA Services"). This service is not a medical device, nor does OOVA directly or indirectly practice medicine, nor does OOVA dispense medical advice, diagnosis, treatment, or any other medical service as part of the OOVA Services. Subject to the terms of this Agreement and my payment of the Services Fees (defined below), during the term of my subscription, OOVA grants me a non-sublicensable, non-transferable, and non-exclusive subscription to access and use the OOVA Services solely for my personal wellness, and not for any resale nor to provide any services to any third party.
I agree that I will not nor will I attempt to: (a) interfere in any manner with the operation of the OOVA Services, or the hardware and service used to operate the OOVA Services; (b) sublicense or transfer any of my rights under this Agreement or otherwise use the OOVA Services for the benefit of a third party or to operate a service bureau; (c) modify, copy, or make derivative works based on any part of the OOVA Services; (d) create Internet "links" to or from the OOVA Services or "frame" or "mirror" any OOVA content that forms part of the OOVA Services; or (e) otherwise use the OOVA Services in any manner that exceeds the scope of use granted herein. I agree to comply with the OOVA Services System Rules posted from time to time at www.oova.life or any webpage accessed through that site.
I understand that there is a risk presented by my participating in using the OOVA Services, such as receipt by me of personally identifiable information about my health (such as hormone data and trends) that I would otherwise prefer not to know, and which may indicate a health condition, problem, or issue that may be upsetting or unsettling to me, and I assume this risk.
Primary Care Physician. I represent and warrant that I am in good health, have had a recent health checkup, and have and will maintain a primary care physician. I understand and agree that my use of the OOVA Services and my communicating with a Health Advisor is not a substitute for my seeking the advice of my primary care physician or other qualified health-care professional. I agree that I will not delay seeking advice from my primary care physician or other qualified health professional due to information provided through the OOVA Services or a Health Advisor. I will seek emergency help when needed or as recommended by a Health Advisor or my primary care physician. I will consult with my primary care physician when recommended to do so by a Health Advisor.
Changes. The OOVA Services, as well as the business, development, and activities of OOVA, are subject to change during the term of my subscription, as such changes are implemented from time to time by OOVA in its discretion. OOVA has no obligation to create or include additional features or functionality for the OOVA Services or to correct any errors in the OOVA Services. OOVA may modify the terms of this Agreement on at least 30 days’ notice. If I do not accept such modified terms, then I may cancel my subscription, but if I do not cancel my subscription, then I agree that I am bound to such modified terms.
Registration Information; Health Information; De-Identified Data. I have provided or will provide to OOVA my personally identifiable information that includes, but is not limited to, my full name, mailing address, telephone number, fax number, email address, insurance information, and any other similar personally identifiable information required by OOAV to register me as a Subscriber ("Registration Information"). I have provided or will provide to OOVA my personally identifiable information that includes my medical history, behavioral information, nutritional information, and other health, family, and personal background information ("Health Information"). Registration Information and Health Information of Subscribers that is aggregated with similar information from other Subscribers and does not include any direct identifiers that could disclose my personally identifiable information, or anybody else’s personally identifiable information is "De-Identified Data." I understand that I can update or revise my Registration Information and my Health Information through a process available on the OOVA app or website. I affirm: (a) that my Registration Information and my Health Information will at all times be true, accurate, and complete; (b) that I am the person whose Registration Information and Health Information I have provided; and (c) that I am 18 years of age or older and reside in the United States.
Use of Services. Hormone measurements, ultrasounds, and other testing by a clinical laboratory ("Testing Laboratory") may be performed independent of the OOVA Services and ordered by a Subscriber in accordance with applicable state laws. I will allow OOVA to measure my hormone levels using samples provided by me. The samples I use with OOVA may include blood, saliva, urine, hair, and other biological samples and are referred to as "Testing Samples." I understand that I will not submit Testing Samples to OOVA. I further understand that diagnostic testing on Testing Samples are ordered by a Health Advisor at their discretion and the results are transmitted to the Health Advisor. Upon checking the "I Accept" box and also providing the separate "HIPAA Privacy Authorization Form" (see below), the results from such testing ("Testing Results") will also be sent to OOVA to provide OOVA Services. I may also purchase other goods and services from third parties made available to me by OOVA ("Goods and Services").
Third-Party Programs. I may subscribe for Goods and Services through a program sponsored by a third party, such as my employer, a private group to which I belong, or some other third party. I understand that my subscription and participation in such a third-party program will be subject to the terms of such third-party program, which may include providing my personally identifiable information to a third-party administrator, my employer, or other third party, including whether and to what extent I have participated. OOVA will only provide De-Identified Data about me to such a third party, without my specific approval otherwise through a click through or other "opt-in" mechanism.
Feedback. At my discretion, I may choose to provide written or verbal feedback, comments, or input to OOVA relating to current or future OOVA Services ("Feedback"). I hereby assign to OOVA all right, title, and interest in my Feedback.
Costs and Payments. I acknowledge and agree that I will be responsible for all applicable fees for the OOVA Services and for the Goods and Services that I purchase (the fees for the OOVA Services are the "Services Fees"). Services Fees are established and subject to modification by OOVA from time to time as determined by OOVA. I understand that OOVA will invoice me for Services Fees and for Goods and Services, and I agree that I will pay such invoices when due. OOVA may bill me in advance and may provide the OOVA Services and the Goods and Services only after I pay outstanding invoices. I acknowledge that the Services Fees do not include, and I will be fully responsible for, all charges for goods and services provided by a Health Advisor that are established by the Health Advisor ("Other Charges") that will be invoiced to me and paid by me. OOVA may provide a single invoice for all OOVA Services. By providing my credit card account information for payment of Services Fees and Other Charges, I represent and warrant that the credit card for which I provide account information is my credit card, and I authorize OOVA to charge to such credit card all applicable Service Fees and Other Charges.
No Medical or Health Services or Advice. I understand that OOVA is not a Health Advisor nor a Testing Laboratory. I further understand that OOVA does not provide medical or health services or advice, nor does OOVA perform any testing on my Testing Samples to provide Testing Results. I acknowledge that OOVA brings together a Health Advisor and a Subscriber, while facilitating data gathering and conducting data analyses, that helps the Health Advisor and the Subscriber work together to enable the Subscriber to take a more active role in his or her wellbeing. I understand and agree that a Health Advisor is not the employee, agent, or subcontractor of OOVA and is not providing services on behalf of OOVA, but instead is an independent professional solely responsible for the services the Health Advisor provides to me. I understand that OOVA does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by a Health Advisor, who is responsible for his or her services and his or her compliance with the requirements applicable to his or her profession and license.
Limitations. NEITHER OOVA NOR I WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR DIRECT DAMAGES IN AN AMOUNT GREATER THAN $10,000, EXCEPT FOR A VIOLATION OF SECTION 15. NEITHER OOVA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY HEALTH ADVISOR, AND I HEREBY AGREE THAT I WAIVE ALL CLAIMS AGAINST ANY OF THEM ARISING FROM OR RELATING TO THE SERVICES PROVIDED TO ME BY A TESTING LABORATORY OR A HEALTH ADVISOR.
Termination. Unless earlier terminated pursuant to this Agreement, the term of this Agreement ("Term") will commence upon my checking the "I Accept" box and will continue for the period of time that I am a Subscriber to the OOVA Services. Either OOVA or I may terminate this Agreement at any time on written notice and with or without any reason. Upon termination: (a) OOVA will not thereafter share my Registration Information with any third party: (b) OOVA may continue to use My Information as permitted in the OOVA Privacy Statement; (c) my access rights to the OOVA Services will terminate; (d) all outstanding fees that I owe OOVA will become due and payable; and (e) all Sections of this Agreement which by their nature survive termination of this Agreement will survive.
I understand and agree that, upon termination of this Agreement, I will not receive any refund or partial refund for any charges already billed to my account. I further understand and agree that termination of this Agreement is my sole right and remedy with respect to any dispute with OOVA, which includes, but is not limited to, any dispute related to, or arising out of: (1) any term or condition of this Agreement; (2) OOVA’s enforcement or application of this Agreement; (3) any policy or practice of OOVA or OOVA’s enforcement or application of these policies; (4) my ability to access and/or use the OOVA Services; (5) any OOVA software provided by or through OOVA; and (6) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
Notices. If there is an actual or suspected breach of the security of My Information, or any unpermitted disclosure or use of My Information, and OOVA is required to provide notice of such actual or suspected breach or unpermitted disclosure or use to me under applicable federal or state law, then I hereby agree that, if allowed by law, such notice may be provided by OOVA by email to the email address provided in my Registration Information or as updated by me thereafter by written notice to OOVA.
No Warranties. ALL SERVICES AND PRODUCTS PROVIDED BY OOVA ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY EXPRESS OR IMPLIED, AND OOVA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. Without limiting the preceding sentence, I acknowledge and agree that OOVA is not responsible for the actions or omissions of a Health Advisor.
No Ownership. OOVA owns all right, title, and interest to its software, processes, methodologies, documents, and other materials, and all patent, copyright, trademark, and other rights of any nature arising from or relating in any way thereto ("Intellectual Property Rights"). No rights to OOVA’s Intellectual Property Rights are granted to me except to permit me to use the OOVA Services as a Subscriber.