Terms of Service
Terms of Service
Last updated: July 8, 2025
PLEASE READ THESE TERMS OF USE CAREFULLY. IT AFFECTS YOURRIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE ORJURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORELIMITED THAN IN COURT.
I. OVERVIEW
Novi Health LLC and/or its subsidiaries and affiliates("We" or "Us") owns and operates the websites located at joinnovi.com,that We may make available to you now or in the future (collectively, the"Site"). We offer the Site, including all information and contenttherewith (collectively, the "Content"), products available forpurchase (the "Products") and various services (the"Services") to you, the user (including, without limitation,browsers, vendors, customers, merchants, and/ or contributors of content)conditioned upon your acceptance of all terms, conditions, policies and noticesstated or referenced herein (the "Terms of Service") and compliancewith all applicable laws and regulations. Your use of certain features orcomponents of our Site, access to certain Services or your ability to purchaseProducts may be limited to those users that have registered an account with us.
Please read these Terms of Service carefully beforeaccessing or using our Site. Your acceptance of, and compliance with, theseTerms of Service is a condition to your use of the Site, Services and purchaseof Products. By accessing or using any part of the Site, you acknowledge thatyou have read, understand, and accept all terms and conditions contained withinthese Terms of Service and our Privacy Policy. If you do not agree to all theterms and conditions of these Terms of Service, then you may not use or accessthe Site (including the Content) or purchase any Services or Products. If theseTerms of Service are considered an offer, acceptance is expressly limited tothese Terms of Service.
Any new features, tools or services which are added to thecurrent Site shall also be subject to these Terms of Service. You can reviewthe most current version of the Terms of Service at any time on our Site. Wereserve the right to update, change or replace any part of these Terms ofService by posting updates and/or changes to our Site. Any such changes will beeffective as of the date of posting. It is your responsibility to check thispage periodically for changes. Your continued use of or access to the Site(including the Content) or purchase of any Services or Products following theposting of any changes constitutes your acceptance of those changes. If you donot agree with any of the changes, then you may not use or access the Site(including the Content) or purchase any Services or Products. Your sole remedyfor any disagreements or issues with the Terms of Service is to immediatelydiscontinue your use of the Site (including the Content, Services andProducts).
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOURDOCTOR, GO TO THE EMERGENCY ROOM, OR CALL 911 IMMEDIATELY.
II. PRIVACY
You agree that information provided by or collected from youin connection with the Services and the Site shall be governed by Our PrivacyPolicy, available here, including but not limited to our use of cookies andsimilar technologies, local shared objects (or any other successor trackertechnology), Software Development Kits, and pixel tags. Our Privacy Policyexpressly forms part of these Terms of Service.
III. SERVICES
We do not provide any medical advice or medical care. Weoffer certain Products, Services and Content to you through our Site. Inparticular, you may (a) access prescription fulfillment services for certainprescription drugs and (b) access telehealth and telemedicine services. OurServices are currently available only to individuals who are at least eighteen(18) years of age or older (or at least the age of majority in theirjurisdiction of residence). Please contact us at support@joinnovi.com if youare a parent or legal guardian of an individual under the age of eighteen (18)who you believe has used the Services without your consent.
We and the healthcare providers accessible through ourServices operate subject to state and federal regulations, and the Services maynot be available in your state. You represent that you are not a person barredfrom enrolling for and/or receiving the Services under the laws of the UnitedStates or other applicable jurisdictions in which you may be located. Access toand use of the Site and/or the Services is limited exclusively to users locatedin States within the United States where the Services are available. Servicesare not available to users located outside the United States. Accessing theSite or Services from jurisdictions where content is illegal, or where we donot offer Services, is prohibited.
IV. PRODUCTS
a. Products Generally
We may offer certain Products, including prescriptionproducts, and non-prescription products such as over-the-counter medications,vitamins, dietary supplements, and wellness products for purchase on the Site.The Products displayed on the Site can be ordered and delivered only within theU.S. All prices are in U.S. Dollars and are valid and effective only in theU.S. Any reference on the Site to any Products or other information by tradename, trademark, manufacturer, supplier or otherwise, does not constitute orimply our endorsement, sponsorship or recommendation of such Product. AllProducts are non-refundable.
You understand and agree that all Products (and anyassociated information) should be used strictly in accordance with theirinstructions, precautions and guidelines and in accordance with applicable lawsin your jurisdiction (including but not limited to copyright laws). Unlessexpressly provided by the manufacturer, the statements made about the Productsby their manufacturers have not been evaluated by any government agency and theresults reported, if any, may not necessarily occur in all individuals.
You should always check the list of ingredients for theProducts to avoid allergic reactions. If any minor uses any Product, it shouldbe only after the legal or parental guardian has discussed the Product with theminor's doctor. Use of the Content related to a Product is not meant to serveas a substitute for professional medical advice. Please consult with yourProvider, your own physician or another healthcare practitioner regarding theuse of any Product before using them. Your Provider, physician or otherhealthcare practitioner is available to address any and all medical questions,concerns and decisions regarding the possible treatment of any medicalcondition. We do not give or intend to give any answers to medical-relatedquestions and the Site does not replace any medical professional or medicalresource. We do not represent ourselves as a physician nor is this implied.
The Products available on the Site are for your personal useonly. Among other remedies, we reserve the right to terminate the account of,or Site access to, anyone who we have reason to believe may be purchasingProducts on the Site for commercial use of distribution. You understand thatthe prices for our Products may change without notice.
b. Prescription Products
Certain Products require a valid prescription by a licensedhealthcare provider ("Prescription Products"). You may not purchase aPrescription Product unless and until you have completed a medical consultationwith one of the Providers and such Provider has provided a writtenprescription. If a Provider prescribes a medication, he/she will limit supplybased upon state regulations and will only prescribe a medication determined inhis/her own discretion and professional judgment. There is no guarantee a prescriptionwill be written. Providers reserve the right to deny care for actual orpotential misuse of the Services.
Some prescriptions can be filled by a pharmacy through ourpharmacy network providers by using the Site. However, some prescriptions maynot be available through the Pharmacies and must be filled by a pharmacy ofyour choice, including prescriptions used for many common primary careconditions. Prescriptions fulfilled by a pharmacy through the pharmacy networkprovider may not use child-resistant packaging and Prescription Products maynot be dispensed in child-resistant containers. If you fill a prescription witha pharmacy other than one of the pharmacies this is a part of the pharmacynetwork of our pharmacy network provider, we will send the prescription to yourselected pharmacy, but you will be responsible for picking up or otherwiseobtaining the Prescription Product and paying the pharmacy directly for thecost of the Prescription Product.
V. SITE CONTENT
Our Site may also contain Content, which includes, but isnot limited to, information regarding our Products and Services and otherinformation (whether in text, audio, graphics, and/or video) provided by Us,third parties, or other users. You may access and use the Content on the Siteonly as permitted under these Terms of Service and the Privacy Policy. Youagree that you will not use, copy or distribute any of the Content other thanas expressly provided herein. You understand that by using the Site, you may beexposed to Content that may be offensive, indecent or objectionable, and youagree that We shall not be liable for any such Content and that the risk ofharm or damage from the foregoing rests entirely with you.
a. Our Content
All Content presented by Us is intended to be used forpersonal, educational or informational purposes only. Any reliance on theContent is at your own risk. You agree and understand that We are notresponsible if any Content made available on the Site, or as part of a Productor Service, is not accurate, complete or current. We reserve the right tomodify the Content at any time, but we have no obligation to update any of theContent. You agree that it is your responsibility to monitor any changes to theContent.
b. User-Generated Content
As part of our Services, we provide various social media andinteraction tools such as forums and posting comments and reviews. These Termsof Service govern your participation in such social media tools. You understandthat we are not liable for any statements, representations, or Content providedby our users in any forum on the Site (such Content shall be referred to as"User-Generated Content") or any Third-Party Site (defined below).User-Generated Content, if displayed, is displayed for entertainment andinformational purposes only. We cannot and do not guarantee the accuracy,integrity or quality of User-Generated Content. You will not hold us liable inany way for (i) any errors or omissions in any User-Generated Content; or (ii)any loss or damage (including, without limitation, personal injury or propertydamage) of any kind incurred as a result of the use of any User-GeneratedContent.
VI. YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES
In addition to any other obligations set forth in theseTerms of Service, you understand and agree that you are solely responsible formaintaining the security of your account. You are also solely and fullyresponsible for all activities that occur under your username and any otheractions taken in connection with your account. You agree to immediately notifyUs in writing of any unauthorized use of this Site or any other breaches ofsecurity. You acknowledge and agree that we will not be liable for any acts oromissions by you, including any loss or damage of any kind incurred as a resultof such acts or omissions.
You are solely responsible for providing and maintaining atyour own expense, appropriate technological capabilities to use the Site, andaccess the Services or purchase Products, including but not limited to, adevice with a video camera and Internet access. You shall submit only truthful,complete, and accurate information through the Site. We reserve the right tochange the access configuration, including any software, hardware or otherrequirements at any time and without prior notice.
In addition to other prohibitions as set forth in the Termsof Service, you are prohibited from using the Site, or its Content: (a) for anyunlawful purpose; (b) to solicit others to perform or participate in anyunlawful acts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon or violateour intellectual property rights or the intellectual property rights of others;(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, ordiscriminate based on gender, sexual orientation, religion, ethnicity, race,age, national origin, or disability; (f) to submit false or misleadinginformation; (g) to upload or transmit viruses or any other type of maliciouscode that will or may be used in any way that will affect the functionality oroperation of the Site or of any related website, other websites, or theInternet; (h) to collect or track the personal information of others; (i) tospam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene orimmoral purpose; or (k) to interfere with or circumvent the security featuresof the Site or any related website, other websites, or the Internet. We reservethe right to terminate your use of the Site (and any Service) for violating anyof the prohibited uses.
By submitting any Content via the Site (such Content shallbe referred to as "Your Content"), you further represent and warrantthat:
• You are the sole author and owner of the intellectualproperty and other rights thereto (or have the necessary licenses, rights,consents and permissions in Your Content to permit use of Your Content in themanner contemplated by these Terms of Service);
• Your Content does not infringe any copyright, patent,trademark, trade secret or other proprietary rights or rights of publicity orprivacy of any person or entity;
• All "moral rights" that you may have in YourContent have been voluntarily waived by you;
• To the extent applicable, you shall comply with theFederal Trade Commission's Guides on the Use of Endorsements and Testimonialsin Advertising;
• Your Content is accurate and not deceptive or misleading;
• You are at least 13 years old and, if you are a minor,that you have obtained the consent of your parent or legal guardian to use theSite to submit Your Content and their agreement to these Terms of Service;
• Your Content does not cause injury to any person or entityor violate any obligations you may have with a third party;
• Your Content is not, or would not reasonably be consideredto be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar,obscene, invasive of another's privacy, hateful, racially or religiously biasedor offensive, abusive, tortious, threatening or harassing to any individual,partnership or corporation;
• Your Content does not contain any computer viruses, wormsor other potentially damaging computer programs or files;
• Your Content is not a form of phishing and does notcontain unsolicited or unauthorized advertising, promotional materials,"junk mail," "spam," "chain letters,""pyramid schemes," or any other form of solicitation; and
• You Content does not violate these Terms of Service, thePrivacy Policy or any applicable law, rules or regulations.
You understand that We may, but have no obligation to,monitor, edit or remove content that We determine in our sole discretion isunlawful, offensive, threatening, libelous, defamatory, pornographic, obsceneor otherwise objectionable or violates any party's intellectual property orthese Terms of Service. Except as otherwise provided in these Terms of Service,you understand and agree that Your Content will be treated as non-confidentialand non-proprietary information.
VII. BILLING
You agree to provide current, complete and accurate purchaseand account information for all purchases made through the Site. You agree topromptly update your account and other information, including your emailaddress and credit card numbers and expiration dates, so that we can completeyour transactions and contact you as needed. You will be responsible for anyapplicable sales, use, duty, customs or other governmental taxes, levies orfees due with respect to your purchase of Products or Services. You also agreeto pay for the shipping and handling charges, if any, shown at the time youmake a purchase.
In the event that a Product or Service is listed at anincorrect price due to typographical error or error in pricing informationreceived from a third party, we shall have the right to refuse or cancel anyorders placed for the Products and/or Service(s) listed at the incorrect price.We shall have the right to refuse or cancel any such orders whether or not theorder has been confirmed and your credit or debit card charged. If your creditor debit card has already been charged for the purchase and your order iscanceled, we will promptly issue a credit to your credit or debit card accountin the amount of the charge.
a. Subscription Policy
Some of our Products and/or Services may be available on asubscription basis ("Subscription"). Subscription based Productsand/or Services require a minimum 3-month commitment as We incur significantupfront cost to provide these Products and/or Services to you. By enrolling inSubscription Services, you agree to pay for a minimum of three (3) consecutivemonths of Service. For these Products and Services, your payment account willbe automatically charged as described for that Product or Service.
By subscribing, you agree that once you have expresslyagreed for your credit card to be charged on a recurring basis, and agreed tothe amount of the recurring charges at the then-current subscription rate, Wemay submit periodic (e.g., monthly) charges to your chosen payment methodwithout further authorization from you, until you provide notice at any timethat you wish to terminate this authorization or to change your payment method.You agree that such notice will not affect charges submitted before We couldreasonably act. Unless otherwise stated, your Subscription will automaticallyrenew every thirty (30) days.
To cancel your Subscription, you may at any time (i) send usan email at support@joinnovi.com, including your Subscription information; or(ii) log in to your patient dashboard on our website. If you cancel aSubscription fifteen (15) days before the next monthly processing date of yoursubscription (after your 3-month commitment has concluded), your payment methodwill receive no further charges.
We reserve the right to adjust pricing for our Subscriptionservices or any components thereof in any manner and at any time as we maydetermine in our sole and absolute discretion. Except as otherwise expresslyprovided for in these Terms of Service, any material changes to yourSubscription (including price changes) will take effect following notice to youand/or updates to the terms of this Policy.
You may update your personal information and deliveryaddress associated with your Subscription by logging in to your account on ourwebsite and following the procedures, or by contacting our team at support@joinnovi.com.You may also contact our team via email with any questions about yourSubscription. To update your payment information, please log in to your accounton our website and follow the procedures. We cannot update payment informationvia email.
If we are unable to provide you with a prescription for theordered Services due to being medically inappropriate for you, we will refundyour initial payment back to your original method of payment. Additionally, bypurchasing subscription-based Products and/or Services on Site, you agree thatWe incur certain costs which begin immediately upon your completed order.Therefore, you agree that the first month's fee as well as the monthly fee forthe following two months (for a total of three (3) consecutive months) ischarged at the time of purchase and is non-refundable unless our Providers deemit is not medically appropriate to prescribe you the ordered Products and/orServices. Additionally, you agree that you will not dispute our charges withyour credit card company if We have performed our duties under your Productsand/or Services agreement. False credit card disputes will be aggressivelydefended and customers who attempt to dispute charges to circumvent the 3-monthcommitment will be sent to collections and/or have further legal actionpursued.
We are not enrolled with or otherwise acting as aparticipating provider in any federal or state healthcare programs (i.e.,Medicare, Medicaid) or in any other health plan or third-party payor program.The Providers may be enrolled with or may be participating providers in suchfederal or state healthcare programs and/or certain health plans or otherthird-party payor programs for the provision of any healthcare servicesprovided by them. To the extent the Site indicates that the Providers areenrolled in such programs and the Services or Products they provide to youthrough the Site are "covered services" under such programs, then youwill be required to pay any co-pay or deductible amount as required by suchprograms and We will facilitate collection of such covered amounts on behalf ofthe Providers.
By agreeing to use the Site, you acknowledge and agree thatyou have the financial responsibility for all Services and Products provided toyou unless: (1) the Site indicates that your Provider is a participatingprovider in Medicare, Medicaid or other third-party payment program in whichyou are enrolled; (2) the Product or Service provided to you by such Provideris a "covered service" under such program; and (3) the Site indicatesthat your Provider will submit the claim for reimbursement to Medicare, Medicaidor the third-party payment program in which you are enrolled for the costs ofthe Services and Products provided to you.
We reserve the right to refuse any order you place with usor limit or cancel quantities in our sole discretion. If we make a change to orcancel an order, we may attempt to notify you by contacting you through youraccount or at the e-mail and/or billing address and/or phone number provided atthe time the order was made. We reserve the right to limit or prohibit ordersthat, in our sole judgment, appear to be placed by dealers, resellers ordistributors.
We accept payment from accounts using credit or debit cardscommonly associated with these types of accounts. We make no warranty,expressed or implied, that your payment will be accepted by your administratoras a valid expense for the account, depending on restrictions that may exist onyour own account.
VIII. THIRD PARTIES; THIRD-PARTY LINKS
You acknowledge and understand that certain of ourshareholders, directors, officers, employees, contractors or agents may have afinancial interest in one or more third parties providing the Services orProducts and may profit from your use and/or the sale of such Services andProducts.
Further, certain Content, Products and Services available onthe Site may include materials from third parties. You understand and agreethat We have no responsibility for the accuracy, suitability or reliability ofsuch third-party Content.
Third-party links on the Site may direct you to athird-party website that is not affiliated with us ("Third-PartySite"). We are not responsible for examining or evaluating the content oraccuracy of the information available on Third-Party Sites, and we do notwarrant and will not have any liability or responsibility for any third-partymaterials or information contained on a Third-Party Site, or for any othermaterials, products, or services of third parties.
You understand and agree that we will not be liable for anyharm or damages related to the purchase or use of goods, services, resources,content, or any other transactions made in connection with any third party.Please carefully review the third party's policies and practices and make sureyou understand them before you engage in any transaction. Complaints, claims,concerns or questions regarding third-party products should be directed to theapplicable third party.
IX. INTELLECTUAL PROPERTY; LICENSES
a. Intellectual Property
This Site, including all of the software and code comprisingor used to operate this Site, and all of the text, photographs, images,illustrations, graphics, sound recordings, video and audio-video clips, andother materials available on this Site, is protected under applicableintellectual property and other laws, including, without limitation, the lawsof the United States and other countries. All Content and intellectual propertyrights therein are the property of Us, or the material is included with thepermission of the rights owner and is protected pursuant to applicablecopyright and trademark laws.
The presence of any Content on this Site does not constitutea waiver of any right in such Content. You do not acquire ownership rights toany such Content viewed through this Site. Except as otherwise provided herein,none of this Content may be used, copied, reproduced, distributed, republished,downloaded, modified, displayed, posted or transmitted in any form or by anymeans, including, but not limited to, electronic, mechanical, photocopying,recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary tolawfully access and use this Site and to display, download, or print portionsof this Site on a temporary basis and for your personal, educational,noncommercial use only, provided that you: (i) do not modify the Content; (ii)you retain any and all copyright and other proprietary notices contained in theContent; and (iii) you do not copy or post the Content on any network computeror broadcast the Content in any media.
Our name and logo, all Service names, all graphics, allbutton icons, and all trademarks, service marks and logos appearing within thisSite, unless otherwise noted, are trademarks (whether registered or not),service marks and/or trade dress of Us ("Our Marks"). All othertrademarks, product names, company names, logos, service marks and/or tradedress mentioned, displayed, cited or otherwise indicated within this Site arethe property of their respective owners. You are not authorized to display oruse Our Marks in any manner without our prior written permission. You are notauthorized to display or use trademarks, product names, company names, logos,service marks and/or trade dress of other owners featured within this Sitewithout the prior written permission of such owners. The use or misuse of OurMarks or other trademarks, product names, company names, logos, service marksand/or trade dress or any other materials contained herein, except as permittedherein, is expressly prohibited.
b. Your Content and Feedback
You grant us a worldwide, perpetual, non-exclusive,irrevocable, royalty-free, sublicensable and transferable right and license toYour Content to use, reproduce, communicate, distribute, share, copy, modify,delete in its entirety, edit, adapt, publish, translate, publicly display,publicly perform, use, create derivative works from and/or sell and/ordistribute Your Content and/or incorporate Your Content into any form, mediumor technology throughout the world without compensation to you. This license willsurvive the termination of these Terms of Service.
You understand and agree that any ideas, suggestions,knowhow, improvements, comments, or other feedback (collectively,"Feedback") that you submit to us, whether by posting Your Content onour Site or through any other communication or means, will be our exclusiveproperty. To the extent you own any rights in the Feedback, you agree to assignand hereby do assign to us all right, title and interest in and to theFeedback. You agree to perform all acts reasonably requested by us to perfectand enforce such rights.
X. TERMINATION
We may terminate you access to the Site or any of theServices at any time and for any reason, including, without limitation, yourbreach of any of the Terms of Service. Upon termination, your access to theSite and the terminated Services will immediately cease but you will remainliable for all amounts due up to and including the date of termination(including amounts due for Products purchased prior to such termination). Thedisclaimers, limitations of liabilities, releases and waivers set forth in theseTerms of Service shall survive any such termination.
XI. DISCLAIMER OF WARRANTIES
ALL PRODUCTS AND SERVICES, THE SITE AND CONTENT ARE PROVIDED"AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."WE, INCLUDING THE PROVIDERS, THE PHARMACY NETWORK PROVIDERS AND THE PHARMACIES,DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ORNON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENT, PRODUCTS,SERVICES OR THE SITE ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT ORERROR-FREE, OR THAT THIS SITE, OR ANY OTHER SOFTWARE, TECHNOLOGY OR SERVERSUSED IN THE DELIVERY OF THE SITE (AND ITS CONTENT), THE PRODUCTS OR THESERVICES ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT WHEN YOU VIEW, DOWNLOAD OR OTHERWISE OBTAINCONTENT FROM OR THROUGH THE SITE, OR BY USING THE SERVICES OR A PRODUCT, YOU DOSO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OFTHE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILEDEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOUUNDERSTAND THAT THE CONTENT AND OTHER INFORMATION AVAILABLE TO YOU AND THETECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND INFORMATION, MAYCONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCHINFORMATION AND CONTENT IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUTVERIFICATION.
XII. LIMITATION OF LIABILITY
WE, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS ORREPRESENTATIVES, (COLLECTIVELY, "OUR PARTIES") WILL NOT BE LIABLE FORANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESITE, THE CONTENT, OR ANY OF THE SERVICES OR PRODUCTS. TO THE FULLEST EXTENTPERMITTED BY LAW, OUR PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASISWHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY,INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS,USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THESITE, CONTENT, PRODUCTS AND SERVICES, EVEN IF OUR PARTIES WERE ADVISED OF ORWERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR PARTIES' LIABILITY SHALL NOTEXCEED THE AMOUNT YOU HAVE PAID FOR PRODUCTS AND SERVICES IN THE SIX (6) MONTHSPRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM. Somejurisdictions do not allow certain limitations or exclusions of damages, sosome of the foregoing disclaimers and limitations may not apply to you.
YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING INCONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATEOF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED OR ELSE YOU WAIVE YOUR RIGHTTO BRING SUCH CLAIMS.
XIII. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Us, thepharmacy network providers and the Providers, from any and all third partysuits, actions, claims, proceedings, damages, settlements, judgments, injuries,liabilities, obligations, losses, risks, costs, and expenses (including,without limitation, attorneys' fees and litigation expenses) relating to orarising from your use of the Site, or your breach of these Terms of Service(including any referenced policies of notices), or your violation of any law orthe rights of a third party. We reserve the right to defend any such claim, andin such case you shall provide us with such reasonable cooperation andinformation as we may request.
XIV. INTENTIONALLY OMITTED
XV. ELECTRONIC COMMUNICATIONS
In connection with your access or use of the Services,including the Site, you hereby consent to receive electronic communicationsfrom us, the Providers, the Pharmacy Network Provider and the pharmacies,whether through email or through the Site, or other electronic means. Youhereby agree that such electronic communications will satisfy any legalrequirement that such communications be in writing and are deemed to be givenon the date transmitted to you.
XVI. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
Binding Individual Arbitration; No Class Actions
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS,INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY INARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITEDTHAN IN COURT.
Disputes that Must Be Arbitrated
This agreement applies to any "Dispute" betweenyou and Novi Health LLC (in this section, "Company")."Dispute" means any dispute, claim, or controversy (excluding thoseexceptions listed below) between you and Company that arises out of your use ofthe Site, Content, Products, or Services, whether based in contract, tort,statute, fraud, misrepresentation, or any other legal theory, for which eitherof us seeks legal recourse, including the validity, enforceability, or scope ofthis agreement to arbitrate or any portion of it.
Exceptions: This arbitration requirement does not apply to(i) small-claims court cases; (ii) government enforcement actions; (iii)actions to uphold prior arbitration decisions; (iv) claims for injunctiverelief pending arbitration; (v) intellectual property claims; (vi)court-approved class action settlements; (vii) enforcement of the individualarbitration requirement; and (viii) roles explicitly assigned to courts.
INFORMAL RESOLUTION
Before filing arbitration, both parties agree to attempt good-faith resolutionof any Dispute for at least 30 days from receipt of a written Notice ofDispute.
Send your Notice of Dispute to:
Email: support@joinnovi.com
Mail:
Novi Health LLC
ATTN: Legal Department
4131 N Central Expressway #900
Dallas, TX 75204
Your notice must include: your name, address, email, adescription of the Dispute, and the relief sought.
SMALL-CLAIMS COURT
Disputes eligible for small-claims court in Dallas County, Texas, or in yourhome county, may be brought there after the Informal Resolution period.
BINDING INDIVIDUAL ARBITRATION
You and Novi Health agree to binding individual arbitration through JAMS(https://www.jamsadr.com) under the U.S. Federal Arbitration Act and JAMSStreamlined Arbitration Rules.
• No class actions or collective arbitrations allowed.
• The arbitrator has exclusive authority to decide allissues related to the Dispute and this agreement, including enforceability.
• Arbitration will occur via written submission or virtualhearing, unless in-person is required. If so, it will occur in Dallas County,Texas, unless hardship requires another location.
Notice of Arbitration should be sent to:
Email: support@joinnovi.com
Mail:
Novi Health LLC
ATTN: Legal Department
4131 N Central Expressway #900
Dallas, TX 75204
FEES
If your claim is under $10,000, Novi Health will cover all arbitration feesunless the claim is frivolous. For larger claims, we’ll help cover fees if thearbitrator determines the costs are prohibitive.
COORDINATED CASES
If 25 or more similar Disputes are filed and coordinated by common counsel, abellwether process will apply. Only a set number of test cases will proceed toarbitration initially. Remaining cases will mediate after bellwethers conclude.If unresolved, they must be filed in state courts in Dallas County, Texas, orin federal court if jurisdiction allows.
SEVERABILITY
If any portion of this arbitration agreement is found unenforceable, the restwill remain in effect—unless the class arbitration waiver is invalidated, inwhich case the arbitration agreement is void.
30-DAY RIGHT TO OPT OUT
You may opt out of this arbitration agreement (except the class action waiver)within 30 days of accepting these Terms of Service.
Send your opt-out notice to:
Email: support@joinnovi.com
Mail:
Novi Health LLC
ATTN: Legal Department
4131 N Central Expressway #900
Dallas, TX 75204
Your notice must include your full name, mailing address,email, and a clear statement that you are opting out of binding individualarbitration.
GOVERNING LAW
These Terms of Service shall be governed by the laws of the State of Texas,without regard to its conflict of law rules.
DMCA NOTICE
To report copyright infringement, send the following to us:
• Your signature
• Identification of the copyrighted work
• Identification of infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy and authority
Submit to:
Email: support@joinnovi.com
Mail:
Novi Health LLC
ATTN: Legal Department
4131 N Central Expressway #900
Dallas, TX 75204
CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
Email: support@joinnovi.com
Mail:
Novi Health LLC
ATTN: Legal Department
4131 N Central Expressway #900
Dallas, TX 75204
Questions?
If you have any questions, concerns, or need immediateassistance, please contact us at support@joinnovi.com.
Thank you for your understanding and patience.