49 of 86 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Context
The page is the Ovia Health by Labcorp Terms of Use, and it carries the version note “Last updated 08/26/25”. This dated version is the agreement analyzed here.
Ovia Health by Labcorp Terms of Use
Last updated 08/26/25
Legal Rights & Agreement Rules · Context
The Terms of Use Agreement, together with the Ovia Health Privacy Policy, governs the relationship between the user — including an opted-in spouse or partner who receives Ovia Health content — and Ovuline, Inc., doing business as Ovia Health by Labcorp, and its affiliates including Laboratory Corporation of America Holdings and its subsidiaries and affiliates, collectively “Ovia Health”. A user accepts the Terms simply by using the Services, which the agreement defines broadly as applications, products, website, content, email and other communications, and services.
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Our Terms of Use Agreement (“Terms”), along with our Privacy Policy, governs the terms of the relationship between you (“You” or “User” and your spouse or partner if you opt him or her into receiving any Ovia Health content) and Ovuline, Inc., doing business as Ovia Health by Labcorp
You accept these Terms when you use our applications, products, website, content, email and other communications, and services (collectively, the “Services”).
Legal Rights & Agreement Rules · Context
Near the top of the Terms, a banner notifies the reader that the agreement contains a mandatory arbitration provision that waives the reader's right to a jury trial and requires arbitration on an individual basis. The banner itself does not state where the provision is located; the dispute-resolution provisions of Section 20 are analyzed when that section's packet is read.
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PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS.
Legal Rights & Agreement Rules · Company practice
Ovia Health treats use of the Services as agreement to be bound by the Terms and Conditions and as a legally binding agreement between the user and Ovia Health. Use of the Services constitutes an electronic signature and written acknowledgement that the user was provided the information in the Terms. Use of the Services after initial acceptance — even after the Terms change — demonstrates continued acceptance of the changed Terms.
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BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OVIA HEALTH.
Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms.
Legal Rights & Agreement Rules · Restriction or exception
As part of entering the agreement, the user agrees that they are seeking the Services for informational and/or educational purposes only, that they will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind, and that all Services are provided 'as is' and without warranty or representation.
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You agree that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided ‘as is’ and without warranty or representation.
Legal Rights & Agreement Rules · Company practice
Ovia Health may change, modify, add, or remove portions of the Terms at any time, with or without specific notice beyond posting the modified Terms on its website, through its applications, or both. Published Terms include the date of the most recent revision and are effective immediately upon posting unless otherwise specified. If a change is material, Ovia Health will attempt to notify users directly by message to the registration email address or through a notification in or through the mobile application. Users acknowledge that they agree to review the Terms periodically and the date of last revision at the beginning of the Terms.
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Ovia Health reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both.
The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein.
we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the mobile application
You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms.
Legal Rights & Agreement Rules · Restriction or exception
If a user is dissatisfied with the Services, the Terms state that the user's sole and exclusive remedy is to discontinue any use of the Services.
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If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
Legal Rights & Agreement Rules · Context
Section 5 opens by describing what the Services are designed to do: help users better understand their health and/or accomplish related goals, including conceiving, tracking menopause, tracking a baby's growth during a pregnancy, having a healthier pregnancy, and learning about a child's development.
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5. Description of the Services
Our Services are designed to help users better understand their health and/or accomplish related goals, including conceiving, tracking menopause, tracking a baby’s growth during a pregnancy, having a healthier pregnancy, and learning about a child’s development.
5.1 Summary.
Legal Rights & Agreement Rules · Company practice
The coaching section states that Ovia's Services do not give medical advice, and directs users who think they may have a medical emergency or a condition requiring immediate care not to use the digital coaching services and instead to call their doctor or 911 immediately.
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Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital coaching services: please call your doctor or 911 immediately.
Legal Rights & Agreement Rules · Company practice
Section 6.1 defines “Content”: information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials available through the Services, provided partly by Ovia Health or its suppliers and partly by users (such as MyQ poll statistics and Community features). Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether from Ovia Health or its suppliers or from users. Ovia Content is based on U.S. medical guidelines, and guidelines in other countries may differ. Opinions, advice, statements or other information expressed or made available by users or third parties are the responsibility of those users or third parties and not Ovia Health; Ovia Health does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made anywhere in the Services, including within the Community feature.
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6.1 Content disclaimer.
A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by Ovia Health or its suppliers, and other Content is provided by users, such as MyQ poll statistics and any Community features.
Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services.
Ovia Content is based on U.S. medical guidelines and the guidelines in other countries may be different.
Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Ovia Health. Ovia Health does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within the Community feature.
Legal Rights & Agreement Rules · Company practice
Section 6.1 continues: Ovia Health has no obligation to prescreen, edit, or remove user-provided Content posted on or available through the Services, yet it keeps the right — in its sole discretion and for any reason, and without any obligation — to prescreen, edit, refuse to accept, remove, or move such Content.
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Ovia Health does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, Ovia Health will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
Legal Rights & Agreement Rules · Company practice
Section 6.2 states briefly that the user uses the Services at their own risk.
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6. Assumption of risk; no guarantee of success
6.2 Assumption of risk.
You use our Services at your own risk.
Legal Rights & Agreement Rules · Company practice
The assumption-of-risk list states there is no guarantee that using the Services will result in a successful or healthy pregnancy, nor that connecting the user with a fertility specialist will result in a successful or healthy pregnancy.
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There is no guarantee that using our Services will result in a successful or healthy pregnancy, nor that connecting you with a fertility specialist will result in a successful or healthy pregnancy.
Legal Rights & Agreement Rules · Restriction or exception
The assumption-of-risk list states that the Services are not intended for use as a method of contraception.
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The Services are not intended for use as a method of contraception.
Legal Rights & Agreement Rules · Context
Because the Services include reproductive-health education, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications and more; users sensitive to such subject matter are directed not to use the Services.
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Because our Services include education about reproductive health, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications, and more. If you are sensitive to this sort of subject matter, please do not use our Services.
Legal Rights & Agreement Rules · Company practice
Section 7 opens by calling this fundamentally important: Ovia Health does not provide medical advice, the Services are not intended for use as a medical device, and they do not provide treatment or diagnoses. The narrower coaching-section statement that the Services 'do not give medical advice' (Section 5.4.a) restates this same practice inside the coaching feature.
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7. Ovia Health does not provide medical advice
THIS IS FUNDAMENTALLY IMPORTANT: Ovia Health does not provide medical advice. Furthermore, the Services are not intended for use as a medical device and do not provide treatment or diagnoses.
Our Services do not give medical advice. If you think you may have a medical emergency or a condition requiring immediate care, do not use our digital coaching services: please call your doctor or 911 immediately.
Legal Rights & Agreement Rules · Company practice
Users are asked not to ask Ovia Health for — or rely on — anything communicated as medical advice, treatment or diagnoses. Although the Services may contain articles on medical topics, Ovia makes no warranty whatsoever that any of the articles are accurate, and even an accurate statement about a health or medical issue may not apply to the symptoms experienced by the user or a child in their care.
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Please do not ask Ovia Health for–or rely on–anything that we communicate as medical advice, treatment or diagnoses.
Although Ovia Health’s Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate.
Even if a statement we make about a health or medical issue is accurate, it may not apply to the symptoms being experienced by you or a child in your care.
6.1 Content disclaimer.
Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services.
17. Children’s privacy
The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through our Services for the minor.
Legal Rights & Agreement Rules · Company practice
The health or medical information written by Ovia is, at best, general and cannot substitute for the advice of a licensed medical professional (a qualified doctor/physician, physician assistant, nurse, or other healthcare provider). No one at Ovia Health takes any responsibility for the results or consequences of using or adopting any information presented in the materials. Users should not interpret anything in the Services as an attempt to offer or render a medical opinion or to engage in the practice of medicine.
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The health or medical information we write about is, at best, general and cannot substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, or other healthcare provider).
You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
Legal Rights & Agreement Rules · Context
The Services' content (text, graphics, images, and information obtained from medical partners, sponsors, and licensors) is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
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The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, and licensors are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Legal Rights & Agreement Rules · Context
Users are told to always seek the advice of their physician or other qualified health provider with any questions about a medical condition; if the user or a child in their care may have a medical emergency, they should call their doctor or 911 immediately.
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Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you, or a child in your care, may have a medical emergency, call your doctor or 911 immediately.
Legal Rights & Agreement Rules · Company practice
Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, information, manufacturer, service provider or medical provider that may be mentioned in the Content or communicated through the Services. Reliance on any information provided by Ovia Health, its employees, or others appearing in the Services is solely at the user's own risk. No claims, representations, or warranties, expressed or implied, are made about the safety, reliability, or performance of any tests, products, providers, or services.
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Ovia Health does not endorse or guarantee any specific tests, products, procedures, opinions, information, manufacturer, service provider or medical provider that may be mentioned in our Content or communicated to you through the Services.
Reliance on any information provided by Ovia Health, Ovia Health employees, or others appearing in our Services is solely at your own risk.
No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, providers, or services.
Legal Rights & Agreement Rules · Company practice
In using the Services a user may encounter content provided by or linking to third-party properties (hyperlinks, articles, timeline content, Community questions). Dealings with third parties found on or accessible through the Services are solely between the user and the third party, including viewing/visiting third-party-advertised content and any associated terms, conditions, warranties or representations. These links are provided solely as a convenience and are not an endorsement or guarantee by Ovia Health of content, items, or services on those third-party websites; the user's access and use of such sites, including their content, items, or services, is solely at the user's own risk.
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9. Your contact with your health benefit providers or other third parties through the Services
In using our Services, you may come across content (such as hyperlinks, articles, timeline content, and Community questions) provided by or linking to third party properties. Your dealings with third parties found on or accessible through our Services are solely between you and the third party.
These links are provided solely as a convenience to users and should not be construed as an endorsement or guarantee by Ovia Health of content, items, or services on those third-party websites.
Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.
Legal Rights & Agreement Rules · Procedure
Users who believe any materials accessible on or from the Services infringe their copyright may request removal of those materials (or access to them) by contacting Ovia Health's Designated Agent: DMCA Agent, Legal Department, Ovuline, Inc., 3400 Computer Drive, Westborough, MA 01581, phone 857-400-7893, email legal@oviahealth.com. The request must provide the following information pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 (cited here by syntax only; the statute's own text is not supplied).
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11. Notice and takedown procedures / DMCA
If you believe any materials accessible on or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting Ovia Health’s Designated Agent:
DMCA Agent, Legal Department
Ovuline, Inc.
3400 Computer Drive
Westborough, MA 01581
Phone: 857-400-7893
Email: legal@oviahealth.com
and providing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:
Legal Rights & Agreement Rules · Procedure
The required notice elements are: identification of the copyrighted work believed infringed (with, where possible, a copy or the location of an authorized version); identification of the material believed infringing and its location (URL or other locating information); the sender's name, address, telephone number, and email address; a statement of good-faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law; a statement that the information supplied is accurate and, under penalty of perjury, that the sender is the copyright owner or authorized to act on the owner's behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
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Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., URL or path) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Legal Rights & Agreement Rules · Restriction or exception
A user who fails to comply with all of the requirements of the DMCA section is acknowledged to risk their DMCA notice not being valid. The Terms also note that under Section 512(f) of the DMCA (cited by syntax only), any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.
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You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.
Legal Rights & Agreement Rules · Company practice
Section 13 releases Ovia Health and its vendors, licensors, service providers and business partners from any liability for the user's use of or reliance on any product or service used or encountered through the Services. The user agrees they are not liable under any theory of law for compensatory, indirect, special, incidental, punitive, or consequential damages — including loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission following any information or advice found in the Content or through the Services, or any aspect of the user's relationship with a spouse or partner — whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Ovia states its Services would not be provided without these limitations and that users who do not agree should not use the Services. No advice or information obtained from Ovia or through the Services creates any warranty, representation or guarantee not expressly stated in the Terms. The section also states Ovia Health is not liable for content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
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13. Limitation of liability / disclaimer of warranties
Ovia Health and its vendors, licensors, service providers and business partners have no liability whatsoever for your use or reliance on any product or service you use or encounter through the Services.
you are agreeing that Ovia Health and its vendors, licensors, service providers and business partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found in the Content or on or through the Services, or any aspect of your relationship with a spouse or partner, whether based on breach of contract, breach of warranty, tort, product liability or otherwise.
Our Services would not be provided without these limitations, and if you do not agree to these limitations, do not use the Services.
No advice or information you obtain from us or through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms.
Ovia Health is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.
Legal Rights & Agreement Rules · Company practice
Section 13 states the Services and the Content are provided on an “as is” basis, and Ovia Health — to the fullest extent permitted by law — disclaims all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
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THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. OVIA HEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Legal Rights & Agreement Rules · Company practice
Ovia Health expressly makes no representations or warranties about: the accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the Services; the accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Services; and that the Services will be uninterrupted, or free of errors, viruses, or other harmful components. This grain of no-accuracy-warranty extends the Section 6.1 content disclaimer and matches Section 7's statement that no warranty is made that medical articles are accurate.
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Specifically, Ovia Health MAKES NO REPRESENTATIONS OR WARRANTIES about the following:
The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, recommendations, or communications provided on or through the use of the Services.
The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Services.
That the Services will be uninterrupted, or free of errors, viruses, or other harmful components.
Ovia Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Ovia Health or its suppliers, or by users of our Services.
6.1 Content disclaimer.
Although Ovia Health’s Services may contain articles on medical topics, we make no warranty whatsoever that any of the articles are accurate.
Legal Rights & Agreement Rules · Restriction or exception
In no event will Ovia Health or its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to the user or anyone else for any decision made or action taken in reliance upon information provided through the Services. The user agrees to hold Ovia Health and those parties harmless for any such actions or decisions taken in reliance on such information and for any claims arising from the user's use of the Services.
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In no event will Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Services. You will hold Ovia Health, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors, service providers and business partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Services.
Legal Rights & Agreement Rules · Restriction or exception
Section 14 requires that any claims arising in connection with the user's use of the Services be brought within one (1) year of the date of the event giving rise to the action.
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14. Statute of limitations
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action.
Legal Rights & Agreement Rules · Restriction or exception
Section 15.4 declares listed actions a material breach of the Terms: the user will not upload, post or transmit communications or content that (1) constitute unsolicited offers, advertisements, spam, chain mail, pyramid schemes, petitions, and similar solicitations; (2) give or purport to give medical advice; (3) infringe or violate any rights of any party; (4) impersonate another person or entity or mislead others as to the origins of communications; (5) infringe the intellectual-property, privacy, or publicity rights of others; (6) are unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity as reasonably determined by Ovia Health; (7) violate any law, statute, ordinance or regulation (including export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (8) promote violence, illegal drug use, or substance abuse, or describe how to perform violent acts or use illegal drugs; (9) harvest or collect information about others, including email addresses, without their consent; (10) disclose the personal data of others (names, email addresses, telephone numbers, or other confidential or personally identifiable information); (11) distribute viruses or other harmful computer code; (12) restrict or inhibit any other person from using or enjoying the Services, or in Ovia Health's reasonable judgment expose it or its customers, partners, affiliates, or suppliers to any liability or detriment of any type; (13) deal with minors under 13 years of age without the consent of their parents; or (14) violate Ovia Health's Community Standards.
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15.4 Prohibited content.
You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload, post or transmit any communications or content of any type that:
constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, any advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures.
gives or purports to give medical advice
infringes upon or violates any rights of any party
impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications
infringes on the intellectual property, privacy, or publicity rights of others
is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as reasonably determined by Ovia Health
violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances
harvests or otherwise collects information about others, including email addresses, without their consent
discloses the personal data of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information
distributes viruses or other harmful computer code
restricts or inhibits any other person from using or enjoying the Services, or which, in the reasonable judgment of Ovia Health, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type
deals with minors under 13 years of age without the consent of their parents
violates Ovia Health’s Community Standards
Legal Rights & Agreement Rules · Company practice
Section 19 states Ovia Health operates and controls the Services from offices in the United States and makes no claims that the Services or Content are appropriate or may be downloaded outside the United States. Practices, standards, and guidelines reflected in the content come from the United States and may differ from other countries'; access to the Content may not be legal for certain persons or in certain countries. A user accessing the Services from outside the United States does so at their own risk and is responsible for compliance with their jurisdiction's laws.
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19. General
Ovia Health operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States.
Any practices, standards or guidelines reflected in our content are from the United States and may be different from those of other countries. Access to the Content may not be legal by certain persons or in certain countries.
If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Legal Rights & Agreement Rules · Context
Regardless of what other provisions survive to be effective, the following survive the expiration or termination of the Terms for any reason: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, Dispute Resolution, and Complete Agreement.
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Without limiting the survival of any other provisions that survive in order to be effective, the following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, Dispute Resolution and Complete Agreement
Legal Rights & Agreement Rules · Restriction or exception
Section 20 requires mutual arbitration: the parties agree, to the fullest extent of the law, that any Dispute will be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified in the section or otherwise agreed. “Dispute” means any dispute, claim, or controversy between the user and Ovia Health — past, pending, existing, or future — except (a) claims by Ovia Health employees related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Both parties give up, to the fullest extent of the law, any right to have any Dispute resolved in court before a judge or jury. A banner at the section's start warns that these paragraphs require individual arbitration and limit how relief can be sought.
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20. Dispute resolution
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND OVIA HEALTH TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND OVIA HEALTH CAN SEEK RELIEF FROM EACH OTHER.
You and Ovia Health mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at www.adr.org), except as modified below or otherwise agreed to.
“Dispute” means any dispute, claim, or controversy between you and Ovia Health, including any past, currently pending, existing, or future dispute or disagreement, except: (a) claims by employees of Ovia Health related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You and Ovia Health agree that each is giving up, to the fullest extent of the law, any right to have any Dispute resolved in court before a judge or jury.
Legal Rights & Agreement Rules · Restriction or exception
Beyond individual arbitration, the parties agree — to the fullest extent allowed by law and except as expressly set out in the section — to bring claims only in individual capacity, on an individual basis, not as a plaintiff or class member in any purported class, collective, non-individual, or representative proceeding. The arbitrator may not join or consolidate more than one person's claims nor preside over any representative, collective, non-individual, or class proceeding, except as stated in the section; nothing in the Terms should be read to allow class or consolidated arbitration. Whether the Class Action Waiver itself is unenforceable, unconscionable, inapplicable, invalid, void, or voidable is decided only by a court of competent jurisdiction; disputes about any other aspect of the Dispute Resolution provision's enforceability are decided exclusively by an arbitrator, except as expressly set out in the section.
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each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, or representative proceeding.
Further, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, or class proceeding, except as stated below. Nothing in these terms should be read to allow class or consolidated arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.
Legal Rights & Agreement Rules · Procedure
Arbitration procedures state that a neutral arbitrator decides disputes instead of a judge or jury, discovery is more limited than in court, and results get only limited judicial review. The user may, at their own expense, choose an attorney. Any in-person arbitral hearing occurs in the United States in the same county and state as the user's residence. Arbitration under the section is confidential, and documents exchanged may not be used or shared outside the arbitration without the parties' prior written consent or as required by law. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent necessary for that party's individual claim; relief cannot be awarded for anyone not a party. The arbitrator's decision is final and binding only between the parties to that arbitration, and the award may not be used as evidence or create any preclusive effect (claim preclusion, issue preclusion, res judicata, or collateral estoppel) in any other action or proceeding.
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Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts.
In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing.
You and Ovia Health also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your residence.
Any arbitration under this section will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law.
the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding.
The decision of the arbitrator shall be final and binding only as to the parties to the specific arbitration. The award rendered shall not be used as evidence or create any preclusive effect (including but not limited to the doctrines of claim preclusion, issue preclusion, res judicata, or collateral estoppel) in any other action or proceeding, including any subsequent arbitration, litigation, or other dispute resolution proceeding.
Legal Rights & Agreement Rules · User right or choice
Each party may elect, before or within 30 days after arbitration is initiated, to have claims heard in small claims court on an individual (non-class, non-representative) basis, for a dispute within that small claims court's jurisdiction.
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Both you and Ovia Health agree that each party may elect before or within 30 days after arbitration is initiated by either party to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such small claims court’s jurisdiction.
Legal Rights & Agreement Rules · Procedure
Before initiating any arbitration with the AAA, each party must notify the other in writing so the parties can try to resolve the dispute informally. The user's notice must be specific (including the sender's name, address, telephone number, and the email used for the online services; the nature and basis of the dispute; any amounts at issue; and the relief sought), signed with a handwritten signature, and sent to legal@oviahealth.com and generalcounsel@labcorp.com and 531 South Spring Street, Law Department, Burlington, NC 27215; Ovia Health's notice goes to the contact details the user provided. If the dispute is not resolved within 60 days after the notice is received, either party may commence an individual arbitration with a written demand including the notice content and a handwritten signature. Notice is a requirement and condition precedent to arbitration, compliance with it is for a court — not the arbitrator — to resolve, and any limitations period is tolled from the date the dispute is noticed until the 60-day period ends.
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20. Dispute resolution
D. Pre-Arbitration Notice and Good Faith Negotiations. Both you and Ovia Health agree that, before initiating any arbitration proceedings of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally.
The notice must be signed and include the handwritten signature of, as applicable, either you or an Ovia Health employee, depending on which party is providing notice. Notice sent by you to Ovia Health shall be sent to the following email and street addresses: legal@oviahealth.com and generalcounsel@labcorp.com and 531 South Spring Street, Law Department, Burlington, NC 27215. Notice sent by Ovia Health to you shall be sent to the email address (and street address if any) that you provided to Ovia Health.
This notice is a requirement and condition precedent to initiating any arbitration proceedings. Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision is an issue for a court to resolve, not the arbitrator.
If you and Ovia Health cannot agree how to resolve the dispute within 60 days after the notice is received by the other party, then either you or Ovia Health may, as appropriate and in accordance with this section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.
Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 60-day period.
Legal Rights & Agreement Rules · Procedure
The parties' respective responsibilities to pay arbitration fees and costs are governed by the AAA Consumer Rules and the applicable fee schedules referenced therein (www.adr.org); good-faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that a party's claim(s) are frivolous, the party bringing the frivolous claim must reimburse the other party for any amounts that party paid for the arbitration.
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20. Dispute resolution
E. Arbitration Fees. The parties’ respective responsibilities to pay any fees and costs of arbitration will be governed by the AAA Consumer Rules (and the applicable fee schedules referenced therein), available at www.adr.org. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed.
Notwithstanding anything to the contrary herein, if the arbitrator determines that your or Ovia Health’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
Legal Rights & Agreement Rules · Context
The section states its subject matter affects interstate commerce and that its interpretation and enforceability are substantively, procedurally, and exclusively governed by and construed and enforced under the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (cited here by syntax only), to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
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20. Dispute resolution
F. Federal Arbitration Act. The subject matter hereof affects interstate commerce, and the interpretation and enforceability of this section will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
Legal Rights & Agreement Rules · Procedure
Section 20 part D requires the notice to be specific and to include: (i) the sender's name, street address, telephone number, and the email address used (or previously used) for the online services; (ii) the nature and basis of the dispute, including any specific dates at issue; (iii) the amount of money, if any, at issue; and (iv) the specific relief sought. Part D's continuation adds that if the dispute is unresolved 60 days after notice is received, either party may commence individual arbitration with a written demand (including the notice content and a handwritten signature), and any limitations period is tolled from the dispute's notice date until the 60-day period expires.
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The notice must be specific and must: (i) include the sender’s name, street address, telephone number, and the email address you use or used for the online services; (ii) describe the nature and basis of the dispute, including, where applicable, any specific date(s) at issue; (iii) identify the amount of money (if any) at issue; and (iv) identify the specific relief sought.
If you and Ovia Health cannot agree how to resolve the dispute within 60 days after the notice is received by the other party, then either you or Ovia Health may, as appropriate and in accordance with this section, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature.
Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 60-day period.
Legal Rights & Agreement Rules · Procedure
If the party commencing arbitration is represented by counsel, the written demand must include that counsel's name, telephone number, mailing address, and email address, and the counsel must sign the demand. By signing, counsel certifies — to the best of their knowledge, information, and belief, formed after reasonable inquiry — that the demand is neither frivolous nor brought for any improper purpose (such as to harass, unnecessarily delay dispute resolution, or needlessly increase its cost), and that the demand's allegations have, or will likely have, evidentiary support after a reasonable opportunity for further investigation or discovery.
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If the party commencing arbitration is represented by counsel, the written demand for arbitration shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must sign the demand for arbitration.
By signing the demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after a reasonable inquiry, that the demand is neither frivolous nor brought for any improper purpose (such as to harass, unnecessarily delay dispute resolution, or needlessly increase the cost of dispute resolution) and that the allegations in the written demand have evidentiary support or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Legal Rights & Agreement Rules · Procedure
Section 20 part E assigns fee responsibility according to the AAA Consumer Rules and applicable fee schedules (www.adr.org), with good-faith negotiation of reasonable fees with the provider authorized as needed. If the arbitrator determines that a party's claim(s) are frivolous, the party bringing them must reimburse the other party for the arbitration amounts the other party paid.
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The parties’ respective responsibilities to pay any fees and costs of arbitration will be governed by the AAA Consumer Rules (and the applicable fee schedules referenced therein), available at www.adr.org. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed.
Notwithstanding anything to the contrary herein, if the arbitrator determines that your or Ovia Health’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
Legal Rights & Agreement Rules · Context
Section 20 part F states the subject matter affects interstate commerce, so the section's interpretation and enforceability are substantively, procedurally, and exclusively governed by and construed under the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (cited here by syntax only), to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
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F. Federal Arbitration Act. The subject matter hereof affects interstate commerce, and the interpretation and enforceability of this section will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
Legal Rights & Agreement Rules · Company practice
For any dispute not subject to arbitration, the parties agree to proceed exclusively in state and federal courts covering Suffolk County, Massachusetts; each party agrees to be subject to personal jurisdiction there and waives jurisdictional, venue, or inconvenient-forum defenses or objections to those courts.
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For any dispute not subject to arbitration, you and Ovia Health agree to proceed exclusively in state and federal courts covering Suffolk County, Massachusetts and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts.
Legal Rights & Agreement Rules · Context
Section 21 states the Terms are governed by the substantive laws of The Commonwealth of Massachusetts, excluding its choice-of-law rules.
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21. Applicable Law
These Terms are governed by the substantive laws of The Commonwealth of Massachusetts (excluding its choice of law rules).
Legal Rights & Agreement Rules · Restriction or exception
Section 24 states the Terms and any rights and licenses granted under them may not be transferred or assigned by the user without Ovia Health's prior written consent, but may be assigned by Ovia Health without restriction. An assignment made in violation of the Terms is void. The Terms bind and inure to the benefit of the parties and their permitted successors, heirs, and assigns.
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24. Assignment
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Ovia Health’s prior written consent, but may be assigned by Ovia Health without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
Legal Rights & Agreement Rules · Context
Section 25 states that no joint venture, partnership, employment, or agency relationship exists between the user and Ovia Health as a result of the Terms or the use of the Services.
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25. No agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ovia Health as a result of these Terms or use of the Services.
Legal Rights & Agreement Rules · Context
Section 26 states the Terms are the entire agreement between the user and Ovia Health regarding use of the Services, and that use of the Services is also subject to the Ovia Health Privacy Policy. If a provision is found invalid by a court of competent jurisdiction, the remaining provisions stay in full force and effect. No waiver of any of the Terms is a further or continuing waiver of that or any other term. Ovia Health's vendors, licensors, service providers, and business partners are third-party beneficiaries of the Terms with the right to enforce them.
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26. Complete Agreement
These Terms constitute the entire agreement between you and Ovia Health with respect to the use of the Services. Your use of the Services is also subject to the Ovia Health Privacy Policy.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Ovia Health’s vendors, licensors, service providers and business partners shall be third party beneficiaries of these Terms with the right to enforce them.