These Terms of Service (the “Terms”), constitute a legally binding agreement between you and OVME, LLC and its affiliated entities (referred to as the “Company”, “we”, “our” or “us”) governing your use of our services through the OVME Platform (as defined below), the Company’s website (ovme.com or the “Site”), or other mobile applications (collectively, the “Services”). The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the “OVME Platform”.
Subject to your agreement to and compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the OVME Platform on your personal devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
We may update or change these Terms, from time to time, and recommend that you review these Terms on a regular basis. If we make changes to these Terms, the revised version of these Terms will be posted on our website. You understand and agree that your continued use of our Services after these Terms have changed constitutes your acceptance of these Terms, as revised. Without limiting the foregoing, if we make a change to these Terms that materially impacts your use of our Services, we may post notice of any such change on our website, notify you as you login to use our Service, and/or email you notice of any such change to the email address submitted in connection with your account.
This Agreement contains a Dispute Resolution provision (see Section 17) that requires you to resolve disputes with the Company on an individual basis, through final and binding arbitration. By entering this Agreement, you expressly acknowledge that you have read and understand all of the terms of this Agreement, including the individual arbitration requirements set forth in Section 17.
OVME provides the OVME Platform, which may include a mobile application, which allows an individual who is registered with the OVME Platform (a “Customer”) to request and schedule a session/appointment with us as a Recipient to receive minimally invasive medical aesthetics services, medical grade aesthetician services, and other skincare and wellness services from OVME ( “Treatment(s)”). A Customer who requests a Treatment through the OVME Platform may be referred to as the “Recipient” of that Treatment. When a Customer has submitted, through the OVME Platform, a request for a Treatment at a time and location, the requested Treatment may be referred to as a “Scheduled Treatment”. As used herein, the term “User” refers to any user of the OVME Platform. In order to become a Customer, that User must register a “User Account” (or simply “Account”) on or through the OVME Platform.
The following is a non-limiting list of “Eligibility Requirements” to use the Services (including, but not limited to, your eligibility to create a User Account, request Treatment, or provide Treatment). In order to use the Services, you must at all times meet at least the following Eligibility Requirements, as well as any other requirements set forth by the Company in any signup process, future community guidelines, policies, or rules we put in place. You agree that you will notify us immediately of any change in your eligibility to use the Services.
3.1 User Account.
You must register for and maintain a User Account. You must submit with your registration, and maintain, accurate and truthful information.
You must be 18 years of age or older to use the OVME Platform or Services. By using the OVME Platform and requesting a Treatment you represent and warrant that you are at least 18 years of age.
Only natural persons are eligible to register for an Account and use the OVME Platform and Services. You must register your Account on your own behalf and be the sole User of that Account. You are only permitted to access the OVME Platform and Services via your own Account. You may not register an Account on anyone else’s behalf, and you may not use the Account of another. The Customer receiving a Treatment must be (respectively) the Customer that requested that Treatment. Your Account cannot be transferred (by assignment, sale, inheritance, or any other modality of transference) to any other person or entity for any reason; any such purported transference is void and may result in the termination of your Account.
3.4 Health and Medical History.
NOTICE: DO NOT UNDERGO, OR USE THE OVME PLATFORM TO REQUEST, AN INJECTABLE TREATMENT IF YOU ARE:
· ALLERGIC OR SENSITIVE TO ANY OF THE COMPONENTS THAT WILL BE USED IN YOUR TREATMENT, WHICH MAY INCLUDE BOTULINUM TOXIN, COW’S MILK PROTEIN, OR OTHER DERMAL INJECTABLE SUBSTANCES SUCH AS HYALURONIC ACID;
· CURRENTLY EXPERIENCING AN INFECTION AT OR NEAR AN INJECTION SITE;
· DIAGNOSED WITH OR SUFFERING FROM A NEUROLOGICAL OR NEUROMUSCULAR DISORDER; OR
· UNDER THE AGE OF 18.
Without limitation to any other term, condition, or restriction in this Agreement, each and every time you request or are provided an injectable Treatment, you represent and warrant that you are not: (i) pregnant; (ii) nursing; (iii) allergic or sensitive to any of the components of your Treatment, which may include botulinum toxin, cow’s milk protein, and other injectable substances such as Hyaluronic Acid; (iv) currently experiencing an infection at or near an injection site; (v) diagnosed with or suffering from a neurological or neuromuscular disorder; or (vi) under the age of 18.
NOTICE: THE FOLLOWING IS A PARTIAL LIST OF CONTRAINDICATIONS TO MEDICAL AESTHETICIAN SERVICES THAT MUST DISCLOSED BY YOU PRIOR TO UNDERGOING TREATMENT FOR RF MICRONEEDLING +/- PRP, CHEMICAL PEELS, BBL (PHOTOFACIAL), HALO (OVME LASER RESURFACING), LASER HAIR REMOVAL, SIGNATURE FACIALS OR OTHER MEDICAL AESTHETICIAN SERVICES THAT OVME MAY OFFER:
· PREGNANCY AND BREASTFEEDING;
· ACTIVE INFECTIONS OR SKIN CONDITIONS SUCH AS ECZEMA, PSORIASIS, OR DERMATITIS;
· RECENT SURGERY OR INJURY TO THE AREA BEING TREATED;
· HISTORY OF KELOID OR HYPERTROPHIC SCARRING;
· ACTIVE AUTOIMMUNE DISORDERS OR A HISTORY OF IMMUNOSUPPRESSIVE THERAPY;
· USE OF BLOOD-THINNING MEDICATIONS SUCH AS ASPIRIN OR WARFARIN;
· ACTIVE CANCER OR HISTORY OF CANCER TREATMENTS SUCH AS CHEMOTHERAPY OR RADIATION THERAPY;
· ACTIVE HERPES SIMPLEX VIRUS (COLD SORES);
· ACTIVE ACNE OR ROSACEA; OR
· ALLERGIES TO THE INGREDIENTS USED IN THE TREATMENT.
Without limitation to any other term, condition, or restriction in this Agreement, each and every time you request or are provided Treatment involving medical aesthetician services, you represent and warrant that you have fully disclosed any or all medical conditions or indications you may have or had (current or historical), including but not limited to the conditions listed above, to an OVME service provider prior to undergoing a Treatment.
4. User Accounts.
4.1 Account Creation and Maintenance.
When you accept these Terms, and complete our sign-up process, you will have a User Account. In order to create your User Account, you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User Account. If you suspect or become aware of any unauthorized use of your Account please contact us. You further acknowledge and agree that our Services are designed and intended for personal use on an individual basis and you should not share your User Account and/or password details with another person.
You agree that all information you provide to the Company during the sign-up process (“Sign-up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign-up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign-up Data may result in the suspension and/or termination of your Account.
If you have concerns regarding your User Account, please contact us in accordance with Section 21, “Contacting Us”, below.
4.2 Account Termination and Suspension.
You may close your User Account and/or stop using the Service at any time. We may, at any time, under any circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service, the OVME Platform, or any of our websites or mobile applications. Cause for such termination shall include, but shall not be limited to:
(a) Violations of this Agreement (including failing at any time to meet any Eligibility Requirement) or any other policies or guidelines that are referenced herein and/or posted on the Services;
(b) A request by you to cancel or terminate your Account;
(c) Discontinuance or material modification to the Service or any part thereof;
(d) A request and/or order from law enforcement, a judicial body, or other government agency;
(e) Provision of the Service to you becoming unlawful;
(f) Unexpected technical or security issues or problems;
(g) Your misuse of the OVME Platform, our Services, or any of our websites or mobile applications;
(h) Any use of the OVME Platform or Services that violates the intellectual property rights (e.g. copyright infringement) of the Company or any third party;
(i) Any participation in or connection to activities that are fraudulent, illegal, threatening, violent, harassing, abusive, defamatory, obscene, offensive, vulgar, hateful, invasive of another’s privacy, harmful to others, could harm the reputation of the Company, or are otherwise objectionable.
Any such termination or suspension shall be made by us in our sole discretion and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your User Account and/or access to the Service.
4.3 Access to Your Account and Content.
You acknowledge and agree that we may access, use, preserve and/or disclose information we have collected from or about you, for reasons including, but not limited to:
(a) Legal requirement to do so;
(b) Good faith belief that such access, use, preservation, or disclosure is reasonably necessary to:
(1) Comply with legal process or request;
(2) Enforce this Agreement, including investigation of any potential violation thereof;
(3) Detect, prevent or otherwise address security, fraud or technical issues; or
(4) Protect the rights, property or safety of the Company, its users or the public as required or permitted by law;
(c) Communicating with you;
(d) Operating or improving the OVME Platform or Services; or
Mobile Message Service Terms
The OVME mobile message service (the "Mobile Message Service") is
operated by OVME. Your use of the Mobile Message Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Message Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to OVME’s Mobile Message Service, you agree to receive recurring SMS/text messages from and on behalf of OVME through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with OVME. Your participation in this program is completely voluntary.
We do not charge for the Mobile Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Mobile Message Service at any time. Text the single keyword command STOP to +18888231698 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other OVME mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Mobile Message Service support or assistance, text HELP to +18888231698 or
We may change any short code or telephone number we use to operate the Mobile Message Service at any time and will notify you of these changes. You
acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Message Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Message Service.
This Section 5 concerns terms and policies related to Customers, and it is applicable to you insofar as your registration with, and use of, the OVME Platform as a Customer.
You understand that use of the OVME Platform and Services may result in charges to you for any Treatments or other goods or services you receive, and in certain cases for cancelations of Scheduled Treatments (“Charges”). Your payment of Charges will be handled by a third-party payment processor (“Payment Processor”), and may include taxes and other applicable fees, tolls, and surcharges. Charges
paid by you are final and non-refundable, unless the Company determines, in its discretion, to refund any such Charges.
OVME DOES NOT ACCEPT OR PARTICIPATE IN ANY COMMERCIAL OR GOVERNMENT INSURANCE PROGRAMS. OVME ONLY ACCEPTS CASH OR CREDIT CARDS FOR PAYMENT OF SERVICES.
The Company reserves the right, in its sole discretion, to establish, revise, discount, or remove Charges for any activity undertaken through the OVME Platform, including the provision of Treatments, in any geographical area, timeframe, or combination of circumstances (including promotions, discounts, and present demand) without regard to any Charges related to other geographical areas, timeframes, or combinations of circumstances. You understand and acknowledge that, among other situations in which Charges may be imposed, you will be responsible for Charges if you receive a Treatment. Charges for any requested Treatment(s) will be billed and collected upon completion of your Treatment. The Company will use reasonable efforts to inform you of Charges that may apply to a Treatment, provided that you will be responsible for Charges incurred under your User Account regardless of your awareness of such Charges or the amounts thereof.
5.2 Cancellation Policy.
A Customer may cancel a Scheduled Treatment prior to 24 hours before your Scheduled Treatment without penalty. You understand and agree that if you (i) cancel a Scheduled Treatment less than 24 hours before your Scheduled Treatment; or (ii) do not show for your Scheduled Treatment on time, you will be charged a cancellation fee as set forth in OVME’s cancellation policies that are posted from time-to-time and/or as indicated to you at the time of booking the Scheduled Treatment.
5.3 Customer Representations and Warranties.
You hereby represent and warrant that:
(a) You will be present and available at the time and location of any Scheduled Treatment;
(b) You will pay for any Charges incurred on your User Account, including cancellation charges as set forth in Section 5.2;
(c) You meet the Eligibility Requirements as set forth in Section 3 at the time register for a User Account, at the time you request a Treatment, at the time you receive a Treatment, and at all other times while you are an OVME Platform User with an active Account.
5.4 Disclaimers Related to Customers and Healthcare-Related Services.
You understand and expressly agree that:
(a) You undertake any Treatment solely at your own risk and assume full responsibility for all risk associated therewith;
(b) The Company does not guarantee, and makes no representations regarding, the efficacy, appropriateness, completeness, safety, quality, desirability, results, consequences, side effects, or complications of any Treatment, nor your satisfaction therewith;
(c) You agree that you will consult with, and heed the advice of, your current licensed health care provider before seeking any Treatment, and before you alter, suspend or initiate any change in your course of care, treatment or medication regime, or healthcare-related procedure or activity;
(d) If you have any medical questions or concerns you will direct them, at your sole discretion, to another physician under whose care you may be, or to another qualified healthcare professional;
(e) The Company may discontinue or alter all or a portion of the OVME Platform or Services, may block your access thereto, or may terminate your Account, without notice and without any recourse to you; and
(f) The disclaimers and limitations of liability contained in this Agreement and in this Section 5.4 extend to the maximum extent permitted by applicable law, as set forth in Section 11.
You have no authority to bind the Company, and you undertake not to hold yourself out as an employee, agent or representative of the Company.
The Company makes no representation that the OVME Platform or Services, or any part or aspect thereof (including any of our websites or mobile applications), will be appropriate, accessible, or available at any time, for any duration, in any geographic area.
OVME reserves the right the right at any time to modify or discontinue the OVME Platform (or any part or content thereof) or any Services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the OVME Platform or any Service.
7. Content Ownership.
This transfer of your rights in and to any User Content includes all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised, for any commercial or non-commercial purpose, without any need for further notice to, attribution to, payment to, or permission from you or any other person or entity.
By submitting User Content through the OVME Platform, you represent and warrant that the User Content and your communication thereof conform to these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.
To the extent any moral rights, ancillary rights, rights of termination, or similar rights (“Other Rights”) in or to the Content exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a “Rights Consent” (as defined below). To the extent any other person has Other Rights in or to your User Content, you must obtain a Rights Consent from that person and provide it on request to us. “Rights Consent” means a waiver of Other Rights to the maximum extent permitted by applicable law
and an unconditional consent to any act or omission in relation to the User Content by or on behalf of the Company, any of its licensees, and any subsequent owner of copyright in the Content, including an act or omission which would, but for these Terms, infringe any of your Other Rights.
8. Limitations on Use of Company Content.
You agree to use the OVME Platform and Services only for the purposes as permitted by these Terms and any applicable law, or generally accepted practice in the applicable jurisdiction. You may not use the OVME Platform or Services in any way that is unlawful, or harms us or any other person or entity.
All information, materials, functions and other content (“Company Content”) contained or acquired on the OVME Platform or from the provision of Services are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees.
We may change the OVME Platform or Services, or any portion or aspect thereof, or delete Company Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Company Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services, including as part of a derivative work. Using our Company Content for any purpose other than to interact with and utilize the OVME Platform and Services is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You understand and expressly agree that nothing in these terms shall have the effect of transferring ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress, trade secrets, inventions, or other proprietary rights in any Company Content, or in any information otherwise contained in, embodied in, or provided by the OVME Platform or Services, to you or any third party, nor to authorize you to create derivative works based on the same.
9. General Limitations on Use.
You agree that you will NOT use the OVME Platform or Services, including any of our websites or mobile applications, to:
(a) Engage in any act or omission that is in any manner inconsistent with this Agreement (including any community guidelines, policies, or rules now in force or enacted in the future, and any amendments and additions hereto), or that is otherwise unlawful;
(b) Upload, download, post, email, transmit, store or otherwise make available any content that is fraudulent, illegal, threatening, violent, harassing, abusive, defamatory, obscene, offensive, vulgar, hateful, invasive of another’s privacy, harmful to others, that could harm the reputation of the Company, or that is otherwise objectionable;
(c) Stalk, harass, threaten or harm another;
(d) Impersonate, pretend to be, or misrepresent yourself as anyone, or any entity, you are not, including a Customer or Company employee;
(e) Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
(f) Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the OVME Platform (or any part thereof), or any other computer software or hardware; or
(g) Interfere with or disrupt the OVME Platform or Services (including by communicating with the OVME Platform or Services via any automated means, such as scripts, bots, scrapers, or crawlers), or any servers or networks connected thereto or in service thereof, or any policies, requirements or regulations of networks connected thereto or in service thereof (including any unauthorized access to, use or monitoring of data or traffic thereon).
Violations of any of these Terms may result in termination of your User Account. We reserve the right to modify these limitations on use and rules of conduct at any time.
You agree to defend, indemnify and hold harmless the Company, its affiliates, subsidiaries, and each of its and their respective directors, officers, shareholders, managers, employees, agents, partners, representatives, licensors, successors, and assigns (collectively, “Related Parties”) from any claim, demand, loss, award of damages, expense, or cost (including reasonable attorneys’ fees) that arises out of:
(a) Your use of, inability to use or access, or reliance on, the OVME Platform or the Services, or any goods or services obtained therefrom;
(b) Your provision or receipt of a Treatment;
(c) Your travel in connection with the provision or receipt of a Treatment;
(d) Your interaction with any other User;
(e) Any claim that you violated any provision, term, condition, covenant, warranty, or representation in this Agreement;
(f) Any violation of this Agreement by you or any other person using your User Account, whether or not such usage is expressly authorized by you;
(g) Any harm to person or property resulting from your acts or omissions, whether such acts are intentional, negligent, or otherwise;
(h) The Company’s use, disclosure, or preservation of User Content; or
(i) Your violation of any rights of another, including intellectual property rights.
11. Disclaimers and Limitations.
Some jurisdictions limit or disallow the exclusion of certain warranties or the limitation of certain disclaimers or liabilities. Notwithstanding the disclaimers and limitations set forth in this Section 11, this Agreement shall be construed as disclaiming any warranty and limiting any liability only (but to the maximum extent of) the limits of applicable law. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit any liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
11.1 Disclaimer of Warranties.
You understand and expressly agree that your use of the OVME Platform and Services is at your sole risk, and that such are provided on an “as is” and “as available” basis. The Company and Related Parties expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, the Company and Related Parties make no warranty that: (i) the OVME Platform or Services will meet your requirements; (ii) your use of the OVME Platform or Services will be timely, uninterrupted,
secure, or error-free; (iii) any information you obtain through or as a result of your interaction with the OVME Platform or Services will be accurate or reliable; or (iv) any defects or errors in the OVME Platform or Services will be corrected.
Any material downloaded or otherwise obtained through the use of the OVME Platform or Services, including any of our websites and mobile applications, is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from accessing any such material. No advice or information, whether oral or written, obtained by you from the Company or through or from the OVME Platform or Services shall create any warranty not expressly stated in these terms.
11.2 Limitations of Liability and Remedies.
You understand and expressly agree that the Company and Related Parties shall not be liable for direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, reputation, access, usage, data, or other intangible losses, personal injury, property damage, or any other cognizable harm related to, in connection with, or otherwise resulting from any use of the OVME Platform or Services, regardless of whether such damages are based in contract, tort (including the negligence and strict liability), warranty, statute, or otherwise, regardless of the negligence (sole or joint, in any proportion) of the Company or any Related Party, even if the Company has been advised of the possibility of such damages.
The Company shall not be liable for any damages, liability, or losses arising from or related to:
(a) The use of, inability to use or access, or reliance on, the OVME Platform or the Services, or any goods or services obtained therefrom, by you or any other User;
(b) The provision or receipt of a Treatment by you or any other User;
(c) Any travel in connection with the provision or receipt of a Treatment by you or any other User;
(d) The statements, conduct, acts, or omissions of you or any other User;
(e) Any transaction or relationship between you and any other User;
(f) Any changes made to the OVME Platform or Services, or any temporary or permanent cessation of the entirety or any part thereof;
(g) The unauthorized access to or alteration of your transmissions or data;
(h) The violation by any User or non-user of any rights of any other User or non-user, including intellectual property rights;
(i) The deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the OVME Platform or Services; or
(j) Any other matter arising from or relating to the OVME Platform or Services.
You understand and expressly agree that any claim or cause of action arising out of or related to this Agreement or the use of the OVME Platform or Services must be filed within one (1) year after the cause of action arose or be forever barred.
12. Entire Agreement.
This Agreement constitutes the entire agreement between the you and the Company, governs your use of the OVME Platform and Services, and completely replaces any prior agreements between you and the Company in relation to the OVME Platform or Services.
No waiver (whether by act, omission, or otherwise) by any Party of any provision of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Any provisions of this Agreement that by their nature should survive the expiration or termination of this Agreement shall so survive, including but not limited to Sections 3, 4, 5, 6, and 10 through 20, regardless of the cause of expiration or termination.
If any provision of this Agreement is invalid, void, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability, and, to the extent permitted and possible, each provision so excluded shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. All other provisions of this Agreement shall remain in full force and effect.
16. Applicable Law.
This Agreement and all matters arising out of in connection with this Agreement shall be governed by and interpreted according to the laws of the State of Georgia, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Georgia.
17. Dispute Resolution.
Except in cases where the Company believes you have engaged in fraud, other illegal behavior, or any other form of willful and serious misconduct, you agree that any and all disputes or claims that have arisen or may arise between you and the Company arising out of or in connection with this or previous versions of this Agreement, including any disputes regarding the existence, validity or termination thereof, or your use of or access to Services, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate set forth in this Section 17.
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and the Company agree otherwise, the Arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the Arbitrator may award relief (of any kind, whether monetary, injunctive, declaratory, or otherwise) only in favor of the individual party seeking relief, subject to the limitations set forth in Section 10, and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other OVME Platform Users.
If the value of the relief sought is ten thousand dollars ($10,000.00) or less, either you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company, subject to the Arbitrator’s discretion to require an in-person hearing (as warranted by the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or the Company, unless the Arbitrator requires otherwise. The Arbitrator shall decide the substance of all claims in accordance with Section 16 and this Section 17, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator shall not be bound by prior rulings in in any other dispute between the Company and another User or disputant, and shall be bound by rulings in prior disputes involving the Company and the same User or disputant to the extent required by applicable law. The Arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by AAA rules, unless otherwise stated in this agreement to arbitrate.
18. Effect of Headings.
Headings and subheadings appear solely for the convenience of the parties. Headings and subheadings are not part of this Agreement and shall not be used to construe, interpret, expand, or limit this Agreement or any provision herein.
19. Third Party Beneficiaries.
Nothing in this Agreement will create any right in any third party as against either party or be construed for the benefit of any third party.
The Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, all OVME websites, mobile applications, and generally the OVME Platform and the Services. Your continued use of the OVME Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. The Company may change, modify, suspend, or discontinue any aspect of the OVME Platform and the Services at any time without notice or liability. The Company may also impose limits on certain features or restrict your access to parts or all of the OVME Platform without notice or liability.
21. Contacting Us.
If you have any questions or concerns related to this Agreement, how to remove or modify your user information or related consents your Account, a Treatment, another User, or anything else regarding the OVME Platform or Services, please email us at email@example.com or write to us at:
3535 Piedmont Road NE
Building Fourteen, Suite 450
Atlanta, Georgia 30305
For Mobile Message Service support or assistance, text HELP to +18888231698 or email firstname.lastname@example.org.