Please read these Terms of Use carefully. By using the Ovatemp App or Ovatemp.com, you agree to be bound by these Terms of Use. These terms of use may change from time to time. If you do not agree to these terms, do not use the Ovatemp App or Ovatemp.com

The Parties to this Agreement.

These Terms of Use (“Terms”) describe a contractual agreement between you (“you”, “your”), the user of the Ovatemp App or Ovatemp.com, and Ovatemp, LLC. (“OVT”, “us”, “we”, “our”), regarding your use if the Ovatemp App (“App”), Ovatemp.com (“Website”), or any other element of our service (together with the App and the Website the “Services”).

Ovatemp Does Not Offer Medical Advice.

The contents of the App, Website, and Services, including but not limited to text, graphics, images, advice, recommendations, or any information obtained from our medical partners, sponsors, business partners or any other information obtained in connection with your use of the Services, are provided for your information only. These contents do not offer professional medical advice, diagnoses, or treatment. Your physician has particular medical knowledge about you and your health and should always be consulted if you have a medical emergency or questions about a medical condition. Your reliance on any information obtained in connection with your use of the Services is at your sole discretion and risk.

Medical Emergencies.

If you think you may have a medical emergency, call 911 or your healthcare provider immediately.

You Must Be Eligible to Use Our Services!

To be eligible to use the Services, you must be at least 18 years old, agree to be bound by this Agreement and the laws of the State of Delaware, and resident in the United States. If you do not meet any and all of these criteria, please do NOT use the services.

Your Privacy and the Use of Your Data

We may from time to time disclose or transfer some of the information that you provide through your use of the Services in a manner consistent with our Privacy Policy. Please review our Privacy Policy for details. If you do not want us to use your data in a manner consistent with our Privacy Policy, please do NOT use the services.

The Privacy of Others.

You agree not to disclose information of other users that you may obtain through your use of the Services to third parties or use the information for marketing purposes without the other user’s consent. You agree to only use another user’s information in connection with the Services.!

Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by OVT or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.

We do NOT Make Warranties Regarding the Services.

Other than as expressly set out in this agreement, neither OVT nor any of our affiliates make any promises about the services. We disclaim all warranties express or implied and all services are provided “as-is”. OVT makes no commitments about the reliability, availability, or security of the services and related transmission of sensitive data.

Limitation of Our Liability.

Your use of the Services and the content of the Services is at your own risk. OVT and its partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on our site or our app. In particular, but without limitation, OVTis not liable for any compensatory, indirect, special, incidental or consequential damages, 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, please do not use the services. No advice or information you obtain from us through the services or in support of the services shall create any warranty, representation or guarantee not expressly stated in this agreement.!

Protection of Your Account Information.

All users of the Services are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their passwords or accounts.!

Complete Agreement Between You and Us.

Except as expressly provided, these Terms of Use constitute the entire agreement between you and OVT with respect to the use of the Services. Your use of the Services is also subject to our Privacy Policy.!

How We Handle Disputes.

If a dispute arises between you and UPW, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.

Arbitration Provision.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING OUR SERVICE, WEBSITE, OR APP.!

Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your use of the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement that cannot be resolved directly between you and OVT shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would.

Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and OVT each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.!

The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or OVT or our partners pending the completion of the arbitration.!

Jurisdiction and Complete Agreement

These Terms of Use are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

How You Can Contact Us.

If you have questions or concerns, you should contact us at info@ovatemp.com