Terms and Conditions of Use
Effective date: April 28, 2021
1. Introduction, Acceptance of Terms
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate through the Services and fulfill the obligations set forth in this Agreement.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
2. Health Disclaimer
Ovvia Membership is not a replacement for health medical care. If you require health, medical, psychiatric, or psychological care, you are advised to retain the services of a licensed medical professional.
The sole purpose of Ovvia and its Membership is to provide educational information, materials and coaching in the area of weight-loss, weight maintenance and wellbeing.
The information on this website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. This Website provides weight loss, weight maintenance and wellbeing management and information applications and content published over the Internet and is intended only to assist users in their personal weight management efforts. Ovvia is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight management regimen. Never disregard professional medical advice or delay seeking it because of something you read or heard on this Website. None of the content on this Website represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that Ovvia provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific for use by any particular person.
Ovvia is a summary of the author’s, agent’s, publisher’s and editor’s own experience, perspective, understanding, opinion and interpretation on all subjects. It is your responsibility to validate and verify all facts and subject matter offered for recency and accuracy, as the subject matter is constantly evolving and open to interpretation. Your reliance on any information on this website is solely at your own risk. Ovvia makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this website. We reserve the right to withdraw or amend this website, and material we provide on the website, in our sole discretion without notice.
OVVIA does not guarantee outcomes or results. Ovvia is not responsible for your results, outcome, weight-loss, health status, or medical condition as a result of Ovvia’s Product or Service. As a member, you are responsible for your actions and reactions. Individual results vary and depend on you and completing the entire library of content provided, understanding the content and routinely applying it, consistently and habitually. Your results may be impacted or impeded based on pre-existing health conditions you may or may not be aware of or have diagnosed. Some health conditions may prevent weight-loss and because health conditions are unique to each individual and are constantly evolving and changing, weight-loss may not be possible for every individual. No outcome is guaranteed.
3. Access to the Site, Connectivity, Communication
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Ovvia makes no representations, warranties or assurances as to the availability of the Site.
If you do not comply with these Terms or the Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or use of and access to the Website. You agree not to enroll or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If enrollment or your membership is revoked for any reason, you agree not to register or subscribe again with our Website 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 notice to you, or to exercise any other remedies available to us under these Terms or by law.
4. Copyright, Trademark, Intellectual Property, Restrictions on Use
All trademarks that appear on the Site are the exclusive property of Ovvia. The trademarks, trade names, trade dress, and Ovvia’s design, graphics, photos, text, sounds, pictures, videos, software and other files and associated products and services represented on this Site are protected under the United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of Ovvia or the relevant trademark owner is strictly prohibited. Any third-party trademarks mentioned on this Site which are not those of Ovvia are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. These restrictions will apply except in cases where Ovvia otherwise agrees in writing.
Without limiting the generality of the foregoing, you may not:
include such content in or with any product or service that you create or distribute;
reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
establish: a hyperlink, including a deep link, to any page or location on the Site; or a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of Ovvia;
copy such content onto your or any other Web site or publication; or
direct any other person to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any right under any intellectual property of Ovvia, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
5. Third Party Websites, Links, Advertising
This Site may provide links or references to other sites. If Ovvia has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied or is connected with, operates or controls these websites.
Ovvia makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. We disclaim any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Ovvia endorses the content of such sites. Where Ovvia is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
We take no responsibility for third party advertisements which are posted on this Site, nor any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Ovvia. You agree that Ovvia shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Ovvia and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you must contact Ovvia before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Ovvia, including its respective employees, agents, directors, officers, and shareholders.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: The products, offerings, content and materials on this website are provided “AS IS” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. Neither Ovvia, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the severs that make this website available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content, or material. Neither Ovvia, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the result of the use of the products, offerings, content, and materials in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information obtained by you from our personnel through this website shall create any warranty not expressly provided for in these terms AND conditions of USE.
ANY INSTRUCTION AND ALL CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH TREATMENT OR MEDICAL CARE OR TREATMENT.
Except as expressly provided otherwise, Ovvia disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Ovvia disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from Ovvia (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any health, wellness, technology or financial information) are provided for informational and educational purposes only and are not intended to provide medical advice or direction or instruction or health care advice or health care direction or instruction and should not be relied upon in that regard. Your health, medical and physical condition are unique. Therefore, you should independently consult a medical professional, health care provider or physician.
Except as expressly provided otherwise herein or in an applicable supplemental agreement, Ovvia and its data providers disclaim any warranties for the security, reliability, timeliness, and performance of the information, advice, technology, products, and services offered on the site. Ovvia and its data providers disclaim any warranties for services or goods received through or advertised on the site or received through any links provided on the site as well as for any information or advice received through the site or through any links provided on the site.
You understand and agree that any material downloaded or otherwise obtained through the use of the site is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data that results from downloading or otherwise obtaining such material.
7. Limitation of Liability
Except as expressly provided otherwise herein or in any applicable supplemental agreement, in no event shall Ovvia, any of Ovvia’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering or managing the content of this site (collectively the “site providers”), be liable to you or any third party for any claims whatsoever, including, without limitation, direct, indirect, special, incidental, punitive or consequential damages (including, without limitation, any loss of health or wellness, lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this site, any communications sent to you via this site or otherwise from Ovvia (including, without limitation, in the form of electronic mail or via telephone), or information available from this site, including, without limitation, any damages suffered as a result of omissions or inaccuracies in such information, the transmission of confidential or sensitive information to from the site providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the site providers is advised of the possibility of such damages. Without limiting the foregoing, the site providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold harmless the Ovvia and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Services, Membership, or Subscription, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.
9. Service Usage, Restrictions of Usage and Termination of Usage
By signing-up or enrolling in OVVIA, as a Member or Subscriber of any of our Products or Services, you acknowledge and agree that OVVIA Ovvia is not responsible for your results, outcome, weight-loss, health status, or medical condition as a result of Ovvia’s Product or Service. As a member, you are responsible for your actions and reactions. Individual results vary and depend on you and completing the entire library of content provided, understanding the content and routinely applying it, consistently and habitually. Your results may be impacted or impeded based on pre-existing health conditions you may or may not be aware of or have diagnosed. Some health conditions may prevent weight-loss and because health conditions are unique to each individual and are constantly evolving and changing, weight-loss may not be possible for every individual. No outcome is guaranteed. OVVIA does not guarantee outcomes or results.
Under no circumstances will Ovvia or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Membership Site. By participating in the Community you hereby waive and release Ovvia to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall Ovvia be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.
10. Submissions, Interactions, Postings, Comments and Ideas
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, or whenever or wherever you participate in an event hosted by Ovvia, you hereby grant us a perpetual, unrestricted, sub-licensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein and agree that we are free to use them for any purpose.
We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms and Conditions of Use or infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for Ovvia.
11. Your Password Responsibilities
This website allows you to create a membership account. You are restricted from sharing your membership password with any one else. Your membership is issued to you as an individual and you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. You are not permitted to make your log-in information available to others, as they will be able to view information available to you and communicate with other users as if they were you. OVVIA reserves the right to refuse service, terminate accounts, Memberships, Subscriptions or credentials, or remove or edit content at any time with or without notice.
12. Ovvia Membership:
Membership requires a paid subscription. Once your payment is processed your Subscription Membership begins and once you access the Membership-portion of the Site. Your your initial membership payment of one hundred seventy-eight dollars ($178 USD) for the first month is non-refundable. This initial payment includes the Enrollment Fee or Set-Up Fee of one hundred thirty-nine dollars ($139 USD) and also includes the monthly Membership subscription of thirty-nine dollars ($39 USD) and renews at a monthly renewal rate of thirty-nine dollars ($39 USD) monthly thereafter.
Each time you log onto the Website you reaffirm your Membership, Subscription and Agreement that we may charge your credit card or other forms of payment. In the event we cannot charge your account, we reserve the right to terminate your Membership.
You agree to provide us with true, accurate and complete information as required by the Purchase, Sign-up, Subscription or Enrollment process (“Membership”), information including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Membership Info with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Membership Info and any other information you provide to us. Without limiting any other provision of this Subscription and Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Membership, Subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Website or any Products or Services thereof.
13. Automatic Billing:
The Membership payment of thirty-nine dollars ($39 USD) is automatically processed on the same day of each month (30 days or monthly billing cycle) thereafter until the Membership is canceled, according to the dates specified in the cancellation period. You authorize the bank account to be debited or the credit or debit card charged, up to seven (7) days before or after the automatic billing date. This payment authorization is to remain in full-force and effect for thirty (30) days after Membership cancellation.
14. Grace Period:
In the event that payment is not received by the date due, you will have a seven (7) day grace period to make the payment, otherwise the Membership, Product or Services will terminate. If you fail to make payment in a timely manner in accordance with these Terms and Conditions of Use or voluntarily decide to withdraw from MEMBERSHIP, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the monthly MEMBERSHIP, Products and/or Services.
15. Subscription Charges & Fees:
The subscription renewal charge will be the same as the prior period’s charge, unless we notify you at the time of sign-up or prior to the beginning of the automatic billing period as described above. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail).
16. Payment Authorization:
If paying by credit/debit card, you give Ovvia permission and authorization to automatically charge your credit or debit card or bank account, as payment for monthly subscription, and all Products, or Services purchased for which you will receive an electronic receipt. By using the sign-up or enrollment form, you give Ovvia permission and authorization to automatically charge your credit/debit card or bank account, every thirty (30) days until otherwise canceled.
When you purchase any Membership, Product or Services, the information provided and obtained as part of the transaction, such as your bank account information, credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use our MEMBERSHIP, Products or Services for legitimate purposes only in compliance with these Terms & Conditions of Use. You also agree not to make any purchases for speculative, false or fraudulent purposes. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our MEMBERSHIP, Products or Services.
When purchasing Membership, the monies for said Membership applies to Membership only for one individual registered, enrolled member.
You agree to only purchase these Membership, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
To cancel your membership subscription and to avoid being charged for renewal, you must cancel at least (3) three days before each renewal date and do so in writing, by email at [email protected].
Your Membership subscription cancellation notice is effective upon the first day of the next monthly billing period, and you will continue to have access to the applicable content for the current monthly billing period. Monthly subscription charges and fees are paid in advance and are non-refundable. We do not provide partial refunds for portions of a month, even if you give notice of cancelation in the middle of a month.
For example: If you enroll and pay for a subscription on 4/24, the automatic billing period will renew on the 24th of each month. You will have access for the next thirty (30) days, until 5/24, at which point, you will be automatically billed again on 5/24. If you cancel on 5/24, on the date of your automatic billing, you would have been charged on that same day and will continue to have access for the next thirty (30) days, until 6/24. If you cancel on 6/1, prior to your next billing on 6/24, you will not be charged again, but you will have membership access through 6/24. No portion of your membership payment is prorated, refunded or rebated.
18. Refund Policy
We do not offer refunds or reimbursement. Satisfaction with your Membership, Product and Service is important to us and that is why all of the content contained on the Membership portions of the site is immediately accessible to all members upon enrollment & receipt of payment. The content provided to members is provided as a result of intensive work, an accumulation of years of research, interpretation, creative composition, construction and delivery. Additionally, there is an extraordinary financial expense to construct, maintain and produce all content offered, therefore, we do not offer refunds or reimbursement to anyone, at any time, for any reason.
We reserve the right in our sole discretion to refuse or terminate your access to our Membership, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our Membership, Products or Services at any time without notice. Should you or we wish to terminate the Membership, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Membership, Products, Services or our Website, e-mail or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to Membership Materials and the Membership, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
If you provide information, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is false, inaccurate, outdated or incomplete, or Ovvia has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Ovvia has the right to prohibit any and all current or future use of the Site (or any portion thereof) by you.
You agree to use the Site only for lawful purposes, and that you are responsible for your use of the Site. You agree not to use the Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
Ovvia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Ovvia and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that we may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Ovvia and its Affiliated Parties.
20. Modifications to Site
Ovvia reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that Ovvia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. We endeavor to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
21. Dispute Resolution, Applicable Law, Jurisdiction
The Site is controlled and operated by Ovvia from within the United States of America. Ovvia makes no representations or warranties that the content or materials of the Site are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Site will be available outside the United States. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement shall be governed by the laws of the United States and the State of Arizona, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under Section 21 of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Gilbert, Arizona, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
It is our goal that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Ovvia is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Ovvia, you acknowledge and agree that you will first provide Ovvia an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: [email protected].
You then agree to negotiate with Ovvia in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after we receipt receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Service or this Agreement, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Ovvia or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Ovvia and/or the applicable third parties. The parties to this Agreement acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply.
You have a right to opt-out of this arbitration agreement. If you do not agree to this mandatory arbitration provision with regard to any particular interaction with the site or the service, then within thirty (30) days from the date of such interaction, you may opt-out of this part of the agreement by sending and email to: [email protected]. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
To the fullest extent permitted by applicable law, No arbitration or other claim under this agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the site or the services, and no class arbitration proceedings shall be permitted. In the event that this class action waiver is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
We both agree that, whether any claim is in arbitration or in court, you and Ovvia both waive any right to a jury trial involving any claims or disputes between us.
In no event shall any claim, action or proceeding by you related in any way to the Service or this Agreement be instituted more than one (1) year after the cause of action arose.
Severability: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
No Waiver: The failure of Ovvia and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer and Limitation of Liability” provisions of this Agreement are for the benefit of the Ovvia and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.
23. Contact Information
If you have any comments, questions, or concerns regarding this Agreement or Ovvia’s please contact us at: [email protected]. We will address any issue to the best of our abilities as soon as possible.
PO Box #378 Higley AZ 85236
Email: [email protected]
Effective as of: April 28, 2021
© 2021 Ovvia LLC
Last Updated: February 9, 2021
1. Personal Information
Is defined as information and “personal data” that identifies you, such as your name, contact information, email address, phone number, physical address, mailing address, photograph, payment card or account information (collectively “personal information”). This includes “Personal Information” as defined by the California Consumer Privacy Act (“CCPA”) terms and “Personal Data” as defined by the European Union’s General Data protection Regulation (“GDPR”).
2. Information We Collect On Our Site
When you visit this Website and use the Services, you may provide us with three types of information: personal information you knowingly choose to disclose that is collected on an individual basis. Personal Information includes “personal information” as defined by the California Consumer Privacy Act or “CCPA" & “personal data” as defined by “GDPR” or the European Union’s General Data Protection Regulation.
Information, provided by you, directly to us, is collected in the following ways:
When you request the FREE COURSE: You are required to provide your name, email address & optionally, volunteer to share how you heard about us.
When you JOIN NOW and purchase a membership subscription to Ovvia: If you decide so subscribe & join Ovvia as a member, you will be required to provide your real name, your credit card number, expiration date, security code, & billing address. Our third-party payment processor will store & collect your credit card data.
When you set up your PROFILE as a member of Ovvia: You have the option to change your Basic Profile Settings to populate your profile with your first name, last name. You have the option of abbreviating your name or populating your profile with a nickname or pseudonym to further protect your privacy & anonymity. Optionally, you may volunteer to set-up a profile photo or avatar. Before we access your camera or any photos on your computer, phone, or device, will will first ask for your explicit permission. Upon receiving your permission, we will only use images that you choose to share with us. Additionally, you have the option to volunteer information to set up your “Social Profile” and edit the information you choose to share in this section, as it is displayed “publicly” to other Ovvia Members in the Ovvia Support Community Groups. This “public” information is optional & strictly voluntary. You may leave this information blank and not complete any of it. Or you may populate your “bio” and/or “location”. Anything you choose to populate in the “Social Profile” will be shared publicly with all members of Ovvia.
When you “participate” in or “contribute” to our Support Group or Community Group for Members Only: information you choose to “share” or “post” will be published or displayed on areas of Our Site, or transmitted to other users of the Site or third parties. All “participation” & “contributions” are not private & deemed public and non-confidential, because we cannot guarantee the privacy & confidentiality of posts made in these areas of Our Site. These “participations & contributions” may be viewed by non-Members, thereby, unauthorized persons & may be distributed to a larger or public audience.We cannot control the actions of any other Member or User of Our Site, therefore, anything you share or post or type into the Support Group Sections or Community Group Sections of Our Site are at your own risk.
When you “participate” in or “contribute” to any online event or live-stream webinar, information you choose to “share” or “post” will be published or displayed on areas of Our Site & if the event is streamed on a “public” Third-Party Social Media platform, it is transmitted publicly to all other users of that Third-Party Social Media Site. We may choose to rebroadcast these sessions on other platforms or mediums & reserve all rights to rebroadcast & republish all content. Therefore, what you choose to share, post or contribute is deemed public & at your own risk. Your participation is optional & strictly voluntary.
All “participation” & “contributions” are not private & deemed public and non-confidential, because we cannot guarantee the privacy & confidentiality of posts made in these areas of Our Site. These “participations & contributions” may be viewed by non-Members, thereby, unauthorized persons & may be distributed to a larger or public audience.We cannot control the actions of any other Member or User of Our Site, therefore, anything you share or post or type into the Support Group Sections or Community Group Sections of Our Site are at your own risk.
When you sign-up to receive email communication, comment, complete a survey, review our Site, podcast, or attend an online streaming event or webinar: We may collect your name, email address, physical address, and any other information you may wish to provide to us as a result of the exchange.
When you communicate with us via a Third-Party social media platform, email us to ask a question, physical mail communication sent to us: we may collect your full name, email address, physical address, phone numbers, and any contents of communication you provide.
We collect information, by automated means as you navigate our Site or interact with any of our communications, in the following ways:
“Cookies” are a small text file sent to a visitor’s computer or other internet-connected device to identify the browser to store information or settings tin the browser. Our Site or our third-party services providers may use “cookies” or technology like it.
Analytics & Advertising: We use Third-Party analytics & advertising tools, like Google, to improve Our Site & discover which ads bring new users to Our Site & Services. These tools help us measure traffic & usage trends on Our Site & advertising efforts across the internet.
We use “cookies” to remember you when you return to Our Site, save your preferences, including your cookie preference, learn more about which of Our Services you use most often, validate Our Site is working properly & prevent fraud. We uses both persistent & session cookies. Persistent stay on your computer until they expire or until you delete them. Session cookies expire when you close your browser.
Our third-party providers and website hosting service may use a variety of log files that track & record data such as IP addresses, internet service providers, & files viewed on Our Site, timestamps, device times; all logging the nature of access to Our Site. If you arrived at Our Site from an external source, Our Site will record information about the referring source: email, website, or link.
Our Site collects completion data of videos and course content to provide us with user experience data to improve & develop Our Site and products offered.
Our Site uses tracking services, web beacons or page-tags to gather usage & user statistics to track if emails sent by us are opened and/or if links contained in the email were clicked-on or launched.
We may use social media pixels. These pixels allow social media sites to track visitors to outside websites to customize advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.
We collect information from other sources: such as payment processors. The payment you provide for your Ovvia Membership, monthly reoccurring subscription & any other services or Products you may choose to purchase is collected directly by our payment processor & stored with them. Ovvia does not store or collect this information. We may receive limited associated information like the expiration date of your payment method & last four digits of card used.
3. How the Information Collected is Used
The personal information you provide may be used by us to:
Respond to your questions, comments, needs, concerns, inquiries, requests or suggestions
Provide you support or answer your question or need for service
Communicate with you or request feedback about use of Our Site & Services
To collect testimonials to share as either Site material or marketing material
Personalize Our content, product, & communication
Deliver administrative notices or to alert you regarding support, security, technical issues & updates
Payment processing & fulfillment of transactions
Send promotional & advertising materials
Improve & Operate Our Site & products We offer
Deliver information on transactions & services you requested
Evaluate & monitor trends, usage, activities regarding our Site & Products offered
Understand your needs & to improve Our service to you by linking with other Third-Party Information
Recommend content or send reminders about products, services, offers, events, or promotions
Protect against misuse of our Service, identify, investigate or respond to security break or unlawful behavior
4. Information We Share with Third-Parties
Third-Parties providing Services for us may require that we share your Personal Information or Usage Information, such as our hosting sites & payment processing site so that we can fulfill your requests, & provide you with the Services & Products offered on our Site.
We may use non-personal data, which cannot be used to identify you, such as usage & demographic information in aggregate, for marketing or business practices.
We may disclose your personal information to our subsidiaries and service providers for the purpose of providing our services to you, such as our payment processor, for example.
When needed to enforce our Terms and Conditions of Use, membership agreement or any other policy or agreement we have with you, We may disclose your personal information to a third party, including a lawyer or collection agency.
Business Transfer: In the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Ovvia’s assets and/or business, we may disclose information.
5. Legal Disclosure
In general, We do not sell or otherwise transfer any information collected. When legally compelled to do so by law, we may disclose information.
6. Your Rights & Choices
Opt-Out of Promotional Email Marketing: Every email We send provides the option to “unsubscribe” or “Opt-Out” of future promotional communications. If you choose to opt-out or unsubscribe to promotional email from us, it may take up to 2 weeks for us to fully process your request, which means, you will continue to receive promotional emails & communications from us until your request is completely processed.
Restrict Cookies & Do Not Track: If you choose to restrict or limit cookies, the functionality & performance of our Site may be impacted. Your browser’s provides help & instruction as to how to configure your browser to notify you or to reject cookies, as each browser is unique, please look to their help-section for instruction. To Opt-Out of having your browser information used for interest-based advertising in the USA visit: www.aboutads.info/choices or EU: www.youronlinechoices.eu/ or to Opt-Out of Google Analytics visit https://tools.google.com/dlpage/gaoptout. Do Not Track is not something we comply with or process, as no industry standard is set to allow us to comply with when an individual uses or visits our Site.
Limit Information in Your Profile: see Section #2, “When you set up your PROFILE as a member of Ovvia” for additional instruction. If you need help email us at [email protected]
Additional Privacy Laws: GDPR & CCPA You may be eligible for the following rights with respect to your information depending on your location of residence, you may have “the right to”:
Correction or Deletion: see “Deleting, Updating or Accessing Your Information” in this section, above for details.
Withdraw Consent is provided by the unsubscribe link on emails sent or in the account settings for membership subscribers. You have the right to permanently terminate & close your account without prejudice.
Object or Limit Processing by informing us that you object to our processing of your information or request to limit our use of your information. We will stop processing your personal information or limit its use, unless it is legally necessary or unless we have legitimate business grounds to continue. See “Deleting, Updating or Accessing Your Information” in this section, above for details.
Access & Portability: in this section titled, “Deleting, Updating or Accessing Your Information” above for details. You may request a copy & how your information is used from [email protected].
CCPA is a California law that provides California residents, “consumers” the following additional rights to their information:
Personal Information Collected in the Past 12 Months is covered above in “2. Information We Collect On Our Site”.
Delete Your Personal Information. You may request deletion of your personal information. Certain information may be subject to exceptions, which may include the need to continue processing your information for our legitimate business needs or to comply with a legal obligation. Before we comply, we will need to validate your identity with a valid government-issued identification. As an authorized agent, you will need to provide a valid power-of-attorney & both your government-issued identification & that of the person whom you represent. We may also validate the authenticity of the request. If you have a concern, you may contact us directly to resolve it or you may file a complaint with authorities.
Categories of Sources of Personal Information is coved above in “2. Information We Collect On Our Site”.
Categories of Personal Information Disclosed is covered above in “4. Information We Share with Third-Parties”.
Business Purpose for Collecting & Using Personal Information is covered above in “3. How the Information Collected is Used”.
Opt-Out of Sale of Personal Information is covered above in “3. How the Information Collected is Used” to provide California consumers the right to opt-out of “sale” anytime, as the term “sale” is broadly defined by the CCPA.
Ovvia does not sell your personal information and does not share Personal Information with third-parties for their direct marketing purposes. However, if you have an established business relationship with us & would like to request, once a year, free of charge, information about categories of Personal Information we disclosed to third-parties for direct marketing purposes & the names & addresses of all third-parties with which we shared Personal Information in the preceding 12 months please email us at [email protected] & request “California Shine the Light” in the subject line.
No Discriminatory Treatment by us for exercising your privacy rights: we will not deny you goods or services, will will not charge you difference rates or prices for services, we will not provide you with a different level or quality of service. However, limiting your personal Information or deleting it may affect features of our Site that depend on that information.
7. How We Store Information
We take reasonable measures to protect your information from compromise, disclosure & unauthorized use. However, transmission of data on the internet is never completely secure, which means, we cannot guarantee 100% security. Information you provide & use of Services are at your own risk.
8. How Long We Store Your Personal Information
9. Consent to Processing & Transfer of Information
By using Our Site or Services or by providing us with any information, you consent to the collection, processing, maintenance or transfer of such information within the United States or its territories. Ovvia is based in the United States, as are its service providers & vendors. Privacy laws in the United States may not be equivalent or as comprehensive as the country where you are a citizen or where you reside. Personal information we collect is processed & stored in the United States.
10. Links to Other Websites
11. Children Under 13
Children Under the age of 13 are not eligible to use Our Services unsupervised and we ask that children under the age of 13 do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians. We will never knowingly contact or collect personal information from children under 13. Please contact us [email protected] to notify us if you believe your minor child has provided us with personally identifiable information.
13. How to Contact Us
PO Box 378
Higley, AZ 85236
© 2021 Ovvia LLC