Rally Coach Program Terms of Service

Last Modified: June 11, 2025

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.

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Welcome to the websites and/or mobile applications owned and operated by or on behalf of RVO Health, LLC and its affiliated companies and brands, including, but not limited to, Optum Now, Optum Store, Optum Perks, Healthline Media, LLC, Healthgrades Marketplace, LLC, Consumer Wellness Solutions, LLC, Real Appeal, LLC, Rally Coach, and Wellos (collectively, “RVO Health”, “we,” “us”, “our”). References in these Terms to “RVO Health”, “we”, “us” or “our” are references to RVO Health, LLC and its employees, officers, directors, subsidiaries, affiliate entities, including any successor(s) entities. These Terms of Use, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, the “Terms”), govern your access to and use of our Services (defined below) and your affirmative act of using the Services, or registering for an account, constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. Any references to “you” or “your” in these Terms mean the person or entities using our Services (defined below), including the person’s heirs, assigns, or dependents.

By using the Services you agree to legally bind yourself to these Terms. If you do not wish to be bound by these Terms, you are not authorized to use the Services in any way.

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I. General Terms

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The Services

These Terms apply to (i) your use of and/or access to the rvohealth.com website and/or other websites which are owned or operated by RVO Health, LLC and its affiliates (collectively, “we,” “us,” or “our”), including any portions thereof available only to registered users, (ii) your use of and/or access to the mobile Applications (as defined below), and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, platforms, digital tools and other services and products provided by us that contain a link to, or are accessible after agreeing to, these Terms (collectively, the “Services”). The Services that we offer may be subject to additional guidelines, rules, or terms (“Additional Terms”) that are contained within the applicable Service. If there is any conflict between these Terms and any Additional Terms, the Additional Terms control with respect to that Service and all other provisions in the Terms that are not in conflict shall also apply.

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We Do Not Provide Medical Advice; Talk with Your Doctor.

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RVO HEALTH DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT DISREGARD, AVOID, OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE SERVICES. THE INFORMATION, FEATURES, AND TOOLS MADE AVAILABLE ON OR THROUGH THE SERVICES TO HELP YOU LEARN ABOUT OR MANAGE YOUR HEALTH AND WELLNESS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS.

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Nothing available through any Services is intended or should be taken to be the practice of medical or counseling care. We make no representations or warranties that any particular drug or treatment is safe, appropriate, or effective for you, or that any particular health care provider is appropriate for you. You should confirm all healthcare-related information with your health care professionals before making health care-related decisions. Your use of the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary, or professional relationship, or any other special relationship that would give rise to any duties on our part unless otherwise explicitly provided.

Any exercises and general wellness tips provided via the Services are for general educational, informational, and entertainment purposes only and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise is not without its risks, and the Services’ activities could result in injury. To reduce the risk of injury, before beginning any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented via the Services are in no way intended as a substitute for medical consultation. By engaging in the tools and features of the Services, you agree that we are not liable for any injury you may sustain due to any participation therein and that you are using those tools and features at your own risk.

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Wellness Tools

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You might have access to Services that allow you to engage in wellness-related activities, such as, for example, participating in challenges, tracking your progress toward achieving various goals and toward accomplishing various missions, interacting with coaches, accessing resources or programs that may be available to you, interacting with other users, reviewing articles and other wellness-related content, accessing certain health records, and participating in community or group discussion forums (collectively, the “Wellness Tools”). Please talk with your doctor before engaging in any physical activity, health-related program, or diet. Also, please use caution when engaging in any activities related to your use of the Services, such as walking, running, or biking. We want you to be safe as you work to achieve your goals, and that means watching out for dangerous situations that could arise, such as vehicular traffic, other runners, other bikers, obstacles, etc. You are using the tools and features of our Wellness Tools at your own risk, and we are not liable for any injury you may sustain by engaging in any activity in connection with the Services.

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Third Party Services

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Our Services may contain links to or provide interfaces with other services and websites that are owned and operated by third parties, such as nutrition information, meal planning, fitness, and other services (“Third Party Services”). In some instances, but not all, you can authorize us to act on your behalf to access, interact with, retrieve information from, and/or submit information to such Third Party Services. You can revoke our access to such Third Party Services by amending the appropriate settings within the Services or on the applicable Third Party Service, although doing so may limit or prevent you from using or accessing the Third Party Service through our Services. Please note that Third Party Services may change or amend their guidelines and our access to them at any time, and we cannot guarantee that our Services will always include a connection to such Third Party Services.

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Except as otherwise provided, the links to these Third Party Services are provided solely for your convenience. Inclusion of these links (and their associated trademarks and logos) and other access to Third Party Services through the Services does not mean that these Third Party Services have endorsed RVO Health or that RVO Health has endorsed them. RVO Health does not guarantee the availability or functionality of these Third Party Services. We are not responsible for the accuracy, completeness, quality, availability, timeliness, validity, legality, and decency of the content, products, opinions, recommendations, services, or any other aspect of the materials or tools made available through any Third Party Services or your use of them, including any content or materials generated by artificial intelligence. Your use of Third Party Services is subject to the terms and conditions of use for such websites and/or services at your own risk. RVO Health shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with your use of Third Party Services.

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Minimum Age Requirement

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Unless otherwise indicated in these Terms, the Services are not intended or designed to be used by individuals under the age of 13. You may not use any Services if you are under the age of 13. If you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian must agree to these Terms on your behalf. Certain Services (e.g. the Wellos Program(s), certain Rally Coach Program(s)) may only be used by individuals who are 18 or older.

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Registration as a Member; User ID and Account Security

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Certain portions of the Services may only be available to registered members. To register as a member, you’ll need to provide some information about yourself, such as your name, email address, date of birth, and you will have to answer a few questions. You must be legally competent to enter into contracts to register for our Services.

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As a registered user of the Services, you are responsible for protecting your account information, and you are solely responsible for all activity that occurs under your account. If your account is compromised, you agree to immediately inform RVO Health. RVO Health is not liable for any losses by any party caused by an unauthorized use of your account. You agree to keep your personal information with us accurate and up-to-date at all times.

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Safeguarding Devices

It is your responsibility to safeguard the devices you use to access the Services (such as laptops, tablets, and mobile devices) and to use appropriate security settings on those devices. If those devices are lost, stolen, or misplaced, others may be able to access your account and your personal information using those devices.

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Prohibited Conduct

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You acknowledge and agree that you are not permitted to, and you will not, do or assist anyone else in doing any of the following:

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Use the Services in any manner that violates any laws and/or regulations;
Advocate or encourage illegal activity;
Use the Services for commercial purposes (including by posting advertising or solicitations) or in any manner that competes with any product or service of RVO Health;
Collect, copy, or harvest data or materials from the Services without our express written permission;
Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Services;
Collect, copy, or use data about another user without his/her knowledge and consent;
Post or communicate harassing, threatening, harmful, obscene, defamatory, abusive, fraudulent, illegal, infringing, offensive, hateful, or libelous materials, as determined by RVO Health at its sole discretion;
Disrupt dialogue or post comments that are unrelated to the discussion topic;
Attempt to manipulate the Services (or any of its features or functionalities) in an unfair, improper, or inappropriate manner, or in a manner that creates an unfair, improper, or inappropriate advantage or benefit for you or any other user (all as determined by us in our sole judgment), such as, for example, gaming our system to earn any rewards or other benefits;
Use any of our licensors’ marks, logos, or any source identifiers of our Services (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
Misrepresent your identity or provide us with any false information at any time on or through the Services;
Allow another user to use your credentials to access the Services, or use the credentials of another user to do the same; or
Engage in any activity that threatens the security or functionality of the Services, including but not limited to:
Attempt to gain unauthorized access to any Services, user accounts, computer systems, or networks through any means;
Introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Use manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other content, data, or other information contained in the Services, or otherwise use, access, or collect content, data, or information contained in the Services using automated means. If you are blocked from the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address);
Use the content contained in the Services for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence system;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Intentionally or unintentionally launch or facilitate any denial-of-service attack on the Services;
Engage in viral messaging, spamming, spimming, or sending of unsolicited advertisements, solicitations, or bulk communications, or distributing chain mail or harmful computer code, viruses, or malware;
Use the Services in any way that could, in RVO Health’s sole judgment, interfere with any other party’s use or enjoyment of the Services, or in a manner that could overburden, impair, damage, or disable our networks or servers, or expose us or our licensors, users, customers, or suppliers to any claims or liability; or
Attempt to carry out or assist anyone in any of the foregoing.

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You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms, including suspending your use of the Services. Without limiting any other rights we have, you agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violates our Terms, (ii) could expose us and/or our vendors or business partners to liability, or (iii) could harm our business reputation or that of our vendors and business partners.

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Ownership of the Services

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The Services and their content are provided solely for your personal, noncommercial use in accordance with these Terms. You agree that the Services (and all content contained therein), as well as the underlying software, systems, metadata, data, and other proprietary technology and methodologies (collectively, “RVO Health Property”), are protected by intellectual property and other laws, and are the property of RVO Health and/or its licensors. You may not, and you agree you will not, modify, copy, reproduce, prepare derivative works from, license, sublicense, sell, resell, rent, transfer, translate, redistribute, transmit, republish, reverse engineer, decompile, or disassemble any RVO Health Property in any way without the prior written permission of RVO Health and any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any RVO Health Property and shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services. Noncommercial use does not include the use of content without prior written consent from RVO Health in connection with: 1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or 2) providing archived or cached data sets containing content to another individual or entity. All rights not expressly granted herein are reserved to RVO Health and its licensors.

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Ownership of and Our Rights to Your Materials and Feedback

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We may make available to you the ability to publicly post, submit, email, or otherwise make available on or through the Services (including via email to us) information, text, or materials (“Your Materials”). Except as otherwise provided in our Privacy Policy and Additional Terms relevant to certain Services, communications containing Your Materials are public and not private communications, and you are entirely responsible for Your Materials. You represent and warrant that Your Materials included in public communications do not include confidential or proprietary information or violate any other party’s intellectual property, privacy, or other rights. Subject to the license grant below, as between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology, or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.

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In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Services (collectively “Feedback”), you represent and warrant: (i) that you have the right to disclose the Feedback; (ii) that the Feedback does not violate the rights of any person or entity; and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us (and any of our vendors to the extent you provide Feedback to them) an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against RVO Health its vendors and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. This section applies whether you provide the Feedback through the Services or through any other method of communication.

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Public Areas; Content of Others

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The Services may contain public areas that are accessible and can be viewed by others (such as users of the Internet, others who have registered and provided information about themselves or their conditions, and/or those who have opted-in to participating in online discussions, games, reviews, and/or posts) and/or can be used by others to post information or other content (collectively, the “Public Areas”). You are solely responsible for your own communications and any reliance on communications contained in Public Areas, even if the content or communication violates our policies or is otherwise offensive. You agree to only post content or materials that comply with these Terms. You agree that RVO Health is not responsible, and has no liability, for any consequences that result from your use of, or disclosure of information in, Public Areas or other areas of the Services. Please be aware that once you post something online, there is the potential for numerous individuals to read your words, even years from now. Therefore, you must exercise caution when posting on any Public Areas and you should not disclose information like your location, personal medical information, financial information, etc. RVO Health is not responsible for the content of any comments or responses posted by others to any Public Areas RVO Health may manage or monitor.

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Your content and materials cannot:

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Contain any third-party material including logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, phrases, trademarks, trade secrets, or other items without explicit, prior, written permission to use such materials;
Contain sexually explicit, graphic, gratuitous or unnecessarily violent content or defamatory or derogatory content against any ethnic, racial, gender, religious, sexual orientation, professional or age group, or contain any pornographic or nude material;
Contain any private information about yourself or any other individual, including without limitation, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;
Contain any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; and
Contain any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo, poker, or any other form of solicitation.

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Use and Storage Practices

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You acknowledge that RVO Health may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on RVO Health’s servers on your behalf. You acknowledge that RVO Health reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RVO Health reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Advertisements, Searches, and Links to Other Websites

We may select certain sites as priority responses to search terms you enter, and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. We do not endorse any product advertised on the content or Services.

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Disclaimers; We Make No Warranties

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We try to keep the Services bug free and safe, but you use them at your own risk. We provide the Services “as is,” “with all faults,” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES, OR ANY INFORMATION CONTAINED IN THE SERVICES, IS ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND ANY SERVICE, MATERIAL, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, OR USE OF RESOURCES OR PARTICIPATION IN ANY PROGRAMS OR ACTIVITIES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH HEREIN.

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Limitation of Liability

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YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE SERVICES, AND/OR FOR ANY BREACH OF THESE TERMS, IS SOLELY LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. THIS MEANS THAT WE HAVE NO LIABILITY TO YOU WHERE WE PROVIDE YOU WITH SERVICES FREE OF CHARGE. YOU AGREE THAT WE ARE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES, OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, ANY TERMINATION OF YOUR ACCESS TO OR DISCONTINUANCE OF THE SERVICES, OR ANY BREACH OF THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND LOSS OF GOODWILL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCEABLE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE FOREGOING LIMITATION OF LIABILITY IS NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, ANY RELEASED PARTIES ARE NOT LIABLE FOR ANY DAMAGES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS; AND ANY RELEASE PARTIES ARE NOT, IN ANY CASE, LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OTHER STATES MAY ALSO LIMIT LIABILITY. IF YOUR STATE DOES NOT ALLOW THIS TYPE OF LIMITATION, ONE OR MORE OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

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Time Limit for Bringing Claims

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YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES, OR YOUR RELATIONSHIP WITH US MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE THE CLAIM AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.

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Notwithstanding the foregoing, the above statute of limitations shall not apply to residents of New Jersey.

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Indemnification

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You agree to defend, indemnify, and hold harmless the RVO Health from all third party claims, liabilities, losses, damages, and expenses, including but not limited to, reasonable legal and attorneys’ fees, that, in each instance, arise out of, or are related to: (i) your use or misuse of the Services, (ii) Your Materials, and/or (iii) your violation of these Terms. Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold the RVO Health harmless from and against any third party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

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You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any such litigation, you will cooperate with us in asserting any available defenses.

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If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

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If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

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THE FOLLOWING SECTIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

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Resolving Disputes – Let’s Try to Sort Things Out First

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We want to address your concerns without resorting to a formal legal case. Before either party may file a claim against the other, we both agree to try to resolve the dispute informally. You can contact legal@rvohealth.com to initiate the dispute resolution process. We’ll try to resolve the dispute informally. If a dispute is not resolved within 30 days of submission, you or RVO Health may bring a formal arbitration proceeding as described below.

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Agreement to Arbitrate

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You and RVO Health agree to resolve any claims relating to these Terms, the Services, our relationship, through final and binding arbitration conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms, except as set forth under “Exceptions to Agreement to Arbitrate” below.

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Location of Arbitration

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The arbitration shall be held in the state in which you reside or any other location as agreed upon between you and RVO Health. For residents outside the United States, arbitration shall be initiated in the State of Delaware, or any other location to which the parties agree in writing. You and RVO Health further agree to submit to the personal jurisdiction of any state or federal court in the State of Delaware, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

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Opt-out of Agreement to Arbitrate

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You can decline this agreement to arbitrate by sending a letter to RVO Health that must be postmarked within 30 days of your first acceptance of terms containing an arbitration provision or by sending an email to legal@rvohealth.com within the same time period. The letter or email must specify your first and last names, RVO Health User ID, mailing address, and explain that you are opting out of the RVO Health Terms arbitration provision. The letter should be sent to RVO Health Health, LLC, Attn: Legal Department, 1101 Red Ventures Drive, Fort Mill, SC 29707. If you opt out of these arbitration provisions, RVO Health will not be bound by them either.

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Arbitration and Attorney’s Fees

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You will be required to pay the applicable fee for consumer arbitrations when initiating the arbitration. RVO Health will pay all other arbitration fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless RVO Health is otherwise specifically required to pay such fees under applicable law. The arbitration shall be conducted in accordance with the JAMS streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and JAMS comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, excluding any rules or procedures governing or permitting class actions. The decision of the arbitrator will be in writing and binding and conclusive on RVO Health and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. RVO Health and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, RVO Health and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. In which case, either party, including RVO Health, may be awarded attorneys’ fees and costs if permitted by law. RVO Health and you understand that, absent this mandatory arbitration provision, RVO Health and you would have the right to sue in court and have a jury trial. RVO Health and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

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Severability; Waiver of Jury Trial

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Except as explicitly provided herein, if any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, RVO Health and you agree to waive, to the fullest extent allowed by law, any trial by jury will be brought in the federal or state courts of the State of Delaware. Both you and RVO Health consent to venue and personal jurisdiction there.

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Exceptions to Agreement to Arbitrate

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Either you or RVO Health may assert claims, if they qualify, in small claims court with jurisdiction over the claim, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit alleging intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

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No Class Actions

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We agree that each party may only resolve disputes with the other party on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. We agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

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BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND RVO HEALTH ARE GIVING UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION AS STATED ABOVE OR CEASE USING OUR SERVICES.

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If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

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Changes to the Arbitration Agreement and Class Action Waiver

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RVO Health will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration Agreement and Class Action Waiver by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.

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Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection is not enforceable or valid, then this subsection shall be severed from the remainder of the Arbitration Agreement and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration Agreement and Class Action Waiver section in existence after you began using the Services.

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Survival

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This Arbitration Agreement and Class Action Waiver section shall survive any termination of your account or the Services.

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Choice of Law

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You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Delaware governs these Terms and any claim or dispute that you may have against us, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

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Procedures for Notification of Copyright Infringement

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If you believe that your copyrighted work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, you may notify us via email at legal@rvohealth.com or by mail at RVO Health Health, LLC, Attn: DMCA Registered Agent, 1101 Red Ventures Drive, Fort Mill, SC 29707 and provide the following information:

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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

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Linking to Us

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Unless you have a written agreement with us that specifies otherwise, the following are the rules for adding a link to the websites available through the Services from your website:

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You may not link to any live stream or live streaming event on the Services (except with our express prior written consent).
The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with RVO Health’s good name and trademarks.
The appearance, position, and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by RVO Health.
The link, when activated by a user, must display the website full-screen and not within a “frame” on the linking website and linking must not trigger any interstitial or pop-up or pop-under windows.
The link will not be used in connection with or appear on a website that a reasonable person may consider offensive, obscene, defamatory, or otherwise malicious. RVO Health, in our sole discretion, may immediately remove or disable any links that violate this provision and shall have no liability whatsoever to any third party who uses the link.
We reserve the right to revoke consent to the link to websites available through the Services at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links.

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Notices

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You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Services (collectively, “Notices”). You agree that we can send you Notices (i) to the email address that you provided to us during registration, (ii) to any email account you open with a Service, or (iii) by posting the Notice on the Services. Our delivery of any Notice is effective when sent, regardless of whether you read the Notice, when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by notifying us in writing via email to legal@rvohealth.com or as otherwise expressly provided by us in writing.

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Email Marketing

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You agree that we may send you recurring promotional and personalized marketing emails, to the email address you provided us during registration or to any other email account you open with a Service or to any other email address that you may designate. Consent to receive these emails is not a condition of any purchase. You can withdraw your consent to receive such emails by clicking the UNSUBSCRIBE button in any such email or by changing the communication preferences in your program account, if applicable.

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Changes to These Terms or the Services

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From time to time, we may, in our sole discretion, modify these Terms. We may also upgrade, enhance, change, terminate, and modify the Services, including by discontinuing a Service or any aspect or feature thereof (collectively, “Modifications”). If we make any material changes to the Terms, we will attempt to notify you by email (sent to the email address specified in your account) or by means of a notice on the Services prior to the change becoming effective, which you agree is sufficient to bind you to any such Modification. In any event, changes to these Terms will be reflected in an updated version that will be posted on the Services, and all changes will be effective upon such posting. You agree to regularly review these Terms so that you will be apprised of all changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend. If you disagree with the Modifications, you should cancel your account with RVO Health by providing written notice to us and cease all use of the Services. By continuing to use the Services after any notice or posting of the Modifications, you are agreeing to be bound by the Modifications.

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Assignment

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We may assign these Terms at any time without notice to you. You may not assign these Terms to anyone else. Any attempted assignment or delegation by you is null and void.

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Termination

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We may cancel, suspend, or block your use of the Services and/or registration at any time, without cause and/or without notice. Unless otherwise noted, you may cancel your account at any time, but you will not receive a refund of any fees paid to RVO Health. Your right to use the Services will end once your account is canceled or your access to the Services is terminated for any reason, and any data you have stored on a Service may be unavailable to you after that.

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Entire Agreement; Miscellaneous

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These Terms, and any supplemental terms, policies, rules, and guidelines posted on the Services, constitute the entire agreement between you and us and supersede all previous written or oral agreements. Except as set forth in the Arbitration Agreement and Class Action Waiver section, if any part of these Terms is held invalid or unenforceable as a matter of law, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You acknowledge that we have the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

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II. Terms for Mobile Applications

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The following terms apply to your access to or use of any RVO Health mobile application, if available, (together with all information and software associated therewith, the “Application” or “Applications”) through any device (such as tablets, mobile phones, etc.).

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Rights Granted to You

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We grant you a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Applications solely for your personal, non-commercial use on a mobile or tablet device owned or controlled by you and only in accordance with the Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license, and not a sale of, the Applications to you.

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Your Responsibilities as the Application User

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Use of the Application requires Third Party Services and equipment such as a compatible mobile device, Internet access, and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. We are not responsible for equipment defects, lack of service, dropped calls, or other issues arising from Third Party Services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application.

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Additional Restrictions and Notices

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You agree you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Applications. You acknowledge that RVO Health may issue an upgraded version of its Applications and may automatically upgrade Applications that you are using. You consent to such automatic upgrading and agree that the then-current Terms shall govern all such upgrades. RVO Health’s Applications or other aspects of the Services may include third party code and other software, which is governed by the applicable open source or third party end user license agreement, if any, that authorizes the use of such code.

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Special Notice for International Use/Export Controls

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Any technology or software underlying the Applications or Services that is available in connection with the provision of the Services and the transmission of applicable data (collectively, the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Applications or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Applications and/or Services, including as it concerns online conduct and acceptable content.

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Termination of Your Rights

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Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.

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Apple iOS App

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If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:

the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
these Terms are between you and RVO Health, and not with Apple;
Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact RVO Health, not Apple;
except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and RVO Health (and not between you, or anyone else, and Apple);
in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
although these Terms are entered into between you and RVO Health (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these terms against you.

In addition, you represent and warrant that:

you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country;
you are not listed on any United States Government list of prohibited or restricted parties; and
if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

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Google App

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If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and RVO Health only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) RVO Health, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms as it relates to RVO Health’s Google-Sourced Software.

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III. SMS Terms

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These SMS terms govern the provision and delivery of text messages by us or our text message service providers to you. RVO Health makes available text message services to provide you with information you requested and/or features of the Services. RVO Health may also send you RVO Health SMS for multi-factor authentication purposes to help protect your account.

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Signing Up for RVO Health SMS:

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You may subscribe to SMS by signing up through our Services or by initiating an SMS chat session with us. By signing up or otherwise initiating SMS, you agree to these terms and that RVO Health or its agents may use any automated or non-automated technology to send you informational text messages. You acknowledge that certain messages may contain your sensitive health or other information, and there is a risk of interception or disclosure of the contents of the messages. Artificial intelligence may be used to generate content in the text messages for some of our Services and programs, and while we have processes for testing for accuracy, you acknowledge that content generated by artificial intelligence may not always be accurate. RVO Health will not require you to receive promotional text messages as a condition of using the Services made available by RVO Health.

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Costs of Signing Up for RVO Health SMS:

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RVO Health does not charge you for its text message program, but message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

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Frequency of Text Messages:

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We may send you an initial message confirming that we have received your opt-in. After that, the specific amount of text messages may vary depending on how you use the Services and whether you take steps to generate additional text messages from us (such as by sending a HELP request or initiating SMS sessions).

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Participating Carriers:

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Content is not available on all carriers and carrier participation could change. The content is not compatible with all mobile device models. RVO Health will not be liable for any delays in the receipt of any text messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. Mobile carriers (T-Mobile®) are not liable for delayed or undelivered messages.

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Eligibility:

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By signing up to receive SMS, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these RVO Health SMS Terms, which forms a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided. In the event that you change or deactivate the mobile number you enrolled in RVO Health SMS, you agree you will promptly notify RVO Health at legal@rvohealth.com to have your number removed and/or updated.

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Opting Out of RVO Health SMS:

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Depending on what types of SMS programs you have opted into, you may receive SMS from different originating phone numbers. To opt out of a SMS program, you must text STOP to the applicable texting program. Replying STOP to one SMS program will not opt you out of other programs you are enrolled in, so you must reply STOP to all programs to opt out of all SMS. You further agree that texting STOP in response to our text message is the only reasonable method of opting out of a SMS program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. After unsubscribing, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can resume your enrollment by opting in, if available, through the applicable service. For more information about SMS, please contact us at legal@rvohealth.com or text HELP in response to one of our text messages.

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IV. Terms for the Wellos Program(s)

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If you sign up for the Wellos Program (as defined below), the following terms apply to you. The Wellos Program is a comprehensive digital wellness program that provides certain tools, including but not limited to online wellness coaching, the ability to track your weight and weight loss goals, the ability to track and understand the nutritional value of what you eat and drink, and track your physical activity, achievements, and other services and tools used in a weight loss program (the “Wellos Program”). In order to use the Wellos Program Services, you must meet the eligibility requirements below, register as a user, and purchase a subscription for a fee.

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Eligibility for the Wellos Program

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You must be 18 years or older to register for the Wellos Program. The Wellos Program does not take into consideration the nutritional and wellness needs of certain populations, such as those who are pregnant or breastfeeding, managing or recovering from an eating disorder, or under the care of a physician or taking prescription medication. If you are pregnant or breastfeeding, or managing or recovering from an eating disorder, you are not eligible to use our Services. If you are under the care of a physician or taking prescription medication, please consult with your healthcare provider before joining Wellos and make sure the program is right for you.

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Subscription Term and Fees

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You are required to purchase a Wellos subscription for a fee to access the Wellos Program. You agree that any termination or cancellation of your Wellos subscription and access to the Wellos Program may be done without prior notice to you. Except as otherwise noted under “Cancellation and Refunds” below, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to the Wellos Program.

If you purchase a Wellos subscription you are responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of purchase. Your Wellos subscription will automatically renew for successive periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method chosen upon subscribing. Your non-cancellation or continued use of the Wellos Program will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, we will attempt to reach out to you to fix any such failed attempts. If we are unable to remedy payment we will cancel your subscription and alert you of cancellation of your Wellos subscription.

If (a) you purchased a multiple-period prepayment plan or (b) you were eligible for a promotional rate but are no longer eligible for that rate, then your Wellos subscription will be offered to renew at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your Wellos subscription prior to the termination of your current plan. If you fail to renew your Wellos subscription before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.

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Coaching Tools

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We may provide certain coaching tools, wellness classes, and focused programs that assist you and provide generalized advice to help you achieve your lifestyle goals, including without limitation, weight management, smoking cessation, improving sleep and diabetes prevention and management (collectively, the “Coaching Tools”). These terms apply to your use of the Coaching Tools. Certain Coaching Tools are also subject to additional terms and disclaimers that may be included in or displayed in close proximity to the specific Coaching Tool, which are incorporated by reference into these Terms. Coaching Tools are only offered to individuals who are 18 years or older. By using or otherwise accessing the Coaching Tools, you warrant that you meet the age requirements for the applicable program.

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Weight and Disease Management

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You may have access to services and tools to support lifestyle changes dedicated to weight management and disease prevention, such as online wellness coaching, a community weight management team, and tools to track your weight, weight goals, food intake and/or physical activity. Please note that no individual's results should be seen as typical. Causes of being overweight, obese and/or diagnosed with certain diseases vary from person to person. This means that your results will also vary and participation in the program is not a guarantee that you will not be diagnosed with any particular disease in the future.

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No Medical Advice

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Coaching Tools have not been evaluated by the Food and Drug Administration and are not intended to be used to diagnose or cure any disease or condition. Coaching Tools are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Trackers provided in the Coaching Tools are provided solely as tools to assist you in your wellness journey and are not intended to, and should not replace, professional medical advice and/or guidance.

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Video Chat

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You may have the option to speak with a coach or other individual by video chat. If you use the video chat option, you agree that we may record such video chat sessions and use and otherwise process them in accordance with our Privacy Policy. You further agree that you may use the video chat feature solely in connection with your participation in the Coaching Tools.

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Group Coaching Sessions

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Coaching Tools may include group coaching sessions where a coach, nurse, or other individual provides generalized information regarding wellness issues. By participating in a group coaching session, you understand and agree that you will be identified by your first name and last initial and any information you submit through the chat function will be viewable by all members of the group, regardless of whether members are actively participating. Please take care in what you share and share only that information that can be shared with other group members. We cannot control how group members use and share the information obtained from group coaching sessions.

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Cancellation and Refunds

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If you signed up for Wellos via a mobile device, you can cancel your subscription on your mobile device directly through the App Store (iOS) or Google Play Store (Android) under Settings/your-name/ Subscriptions. If you signed up for Wellos on your browser, you can cancel your subscription under Manage Subscriptions under your Profile Settings. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid Wellos subscription, your subscription will remain active until the end of your then-current subscription period. Payments are nonrefundable except as set forth below. If you cancel, modify your subscription, or if your account is otherwise terminated, you will not receive a credit, including for partially used subscription terms. If you mistakenly purchased a Wellos Subscription, you may request a refund within 48 hours of your first purchase. If you have issues requesting a refund, please contact Wellos Customer Service at support@wellos.com.

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YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (A)THESE TERMS & CONDITIONS OR OUR ENFORCEMENT OR APPLICATION THEREOF; (B) ANY PRACTICE OR POLICY OF OURS INCLUDING THESE TERMS & CONDITIONS AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (C) THE CONTENT AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE WEBSITE AND/OR APPLICATIONS THROUGH THE SERVICES; (D) YOUR ABILITY TO ACCESS AND/OR USE OUR WEBSITE AND/OR APPLICATIONS; OR (E) THE AMOUNT OR TYPES OF OUR FEES OR CHARGES, SURCHARGES, APPLICABLE TAXES, OR BILLING METHODS, OR ANY CHANGE TO OUR FEES OR CHARGES, APPLICABLE TAXES, OR BILLING METHODS.

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Wellos Subscription Data

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For purposes of your use of the Wellos subscription including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process (“Subscription Data”). Please refer to our Privacy Policy for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.

You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website, platforms or mobile applications. If your registration or subscription is revoked for any reason, you agree not to register a new Wellos subscription using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms and/or by law.

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Food Database and Disclaimer

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As part of the Wellos Program, we partner with third parties who maintain a food database that contains nutritional information entered directly by such third party and nutritional information entered by users (“Food Database”).

RVO HEALTH DOES NOT (A) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (B) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL RVO HEALTH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.

Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of RVO Health.

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V. Terms for Find Care Provider Search

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If you use the Find Care provider search service, the following terms apply to you. We collect data and other information regarding hospitals, physicians, long-term care facilities, and other providers of healthcare services (“collectively, “Healthcare Providers”) from a variety of sources. We use proprietary processes and algorithms to select, compile, and adjust certain data to generate ratings of the Healthcare Providers (“Ratings”). On this website, we make available ratings, lists based on specific criteria including without limitation, in the form or search results (“Lists”), and other information, profiles, and materials regarding Healthcare Providers.

We are not a referral service and do not recommend or endorse any particular Healthcare Provider. Rather, we are only an intermediary that provides selected information about Healthcare Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, and no information on this website should be construed as health or medical advice. The Ratings and Healthcare Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.

You assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site.

We assume no (and hereby disclaim all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

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WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SERVICES WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS, AND YOU WILL LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS.

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VI. Terms for Optum Perks

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Purchases of Durable Medical Equipment

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We offer certain products (e.g. breast pumps) that are eligible for coverage as durable medical equipment, and you have the right to decide where to purchase such equipment. By agreeing to these Terms, you acknowledge your right to choose your durable medical equipment provider.

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VII. Terms for the Rally Coach Program(s)

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By signing up for or using any of the Rally Coach Programs, you agree to the Rally Coach Privacy Policy. If there is any conflict between this Rally Coach Privacy Policy and our general Privacy Policy linked in the introductory paragraph, the Rally Coach Privacy Policy shall prevail.

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Accessibility; Non-Discrimination; and Language Support

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The following notices apply to the Rally Coach Programs: Accessibility Notice, Non-Discrimination Notice and Language Support.

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User ID and Nickname

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During registration, you’ll need to provide an email address and password (your “User ID”) and select a display name that will be your “nickname” on the Wellness Tools (as defined below); your first name and last initial will display on the Coaching Tools. Please be careful when selecting your nickname as it will appear when you post on the Wellness Tools. If the nickname is personally identifiable, you may end up publicly disclosing personal information about yourself. Your User ID lets you sign into products, websites, and services provided by RVO Health as part of the Rally Coach programs and some of its partners. You grant access to RVO Health to share certain information when you choose to use your User ID to sign in to Rally Coach programs and platforms. You should only grant permission if you trust the third party product, website, or service. The third party may automatically sign you in the next time you use it. You agree we have the right to disable and/or delete any nicknames for any reason in our sole discretion. You are responsible for protecting your User ID, and you are solely responsible for all activity that occurs under your User ID. If your User ID or other activation codes you use for the Rally Coach programs are compromised, you agree to immediately inform RVO Health. RVO Health is not liable for any losses by any party caused by an unauthorized use of your User ID. You agree to keep your personal information with us accurate and up-to-date at all times.

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Coaching Tools

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Eligibility to participate in Coaching Tools is determined by your health plan or employer. Coaching Tools are only offered to members of participating health plans who are 18 years or older; provided, however, that members of participating health plans who are 13 years of older may, with parental consent, participate in the Real Appeal program or our smoking cessation programs. By using or otherwise accessing the Coaching Tools, you warrant that you meet the age requirements for the applicable program.

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Real Appeal

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One Coaching Tool, with online weight loss and diabetes prevention programs, is offered by our subsidiary Real Appeal, LLC (the “Real Appeal Program”). If you participate in one of the Real Appeal programs, you may have access to services and tools to support lifestyle changes dedicated to weight loss and type 2 diabetes prevention, such as online wellness coaching, a community weight loss team, and tools to track your weight, weight loss goals, glucose levels, food intake and/or physical activity. If you use the Real Appeal programs, please note that no individual's results should be seen as typical. Causes of being overweight, obese and/or diagnosed with type 2 diabetes vary from person to person. This means that your weight loss results will also vary and participation in the diabetes prevention program is not a guarantee that you will not be diagnosed with type 2 diabetes in the future.

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Smoking Cessation

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We may also offer smoking cessation programs, such as the “Quit for Life” program or certain state sponsored Quit Services. If you participate in one of our smoking cessation programs, you may have access to services and tools to support the reduction and/or cessation of smoking, vaping, chewing, or other nicotine or tobacco use. This may include smoking cessation program coaches who may be available to communicate with you to help you achieve your goals.

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No Medical Advice

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Coaching Tools have not been evaluated by the Food and Drug Administration and are not intended to be used to diagnose or cure any disease or condition. Coaching Tools are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Trackers provided in the Coaching Tools, such as the nutrition tracker in the Real Appeal program, the glucose tracker in the Living With Diabetes program; and the smoking cessation programs, are provided solely as tools to assist you in your wellness journey and are not intended to, and should not replace, professional medical advice and/or guidance.

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Video Chat

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Group Coaching Sessions

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Rights Granted to You

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Subject to these terms, RVO Health grants to eligible users a personal, non-transferable, non-sub-licensable, non-exclusive, revocable, limited license to use the Coaching Tools and content therein solely for your personal, lawful and noncommercial use. RVO Health reserves all rights not expressly granted herein, and RVO Health may terminate this license at any time for any reason. If you breach any of these terms governing the Coaching Tools, this license will terminate immediately. Upon any termination of this license, you must stop using the Coaching Tools and all content therein, and you must return or destroy all copies, including electronic copies, of content from the Coaching Tools in your possession or control.

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One Pass

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If you sign up for One Pass, the following terms apply to you. One Pass is a comprehensive fitness benefit that uses a single digital platform to provide members with tiered fitness memberships at participating gym/fitness locations, in-person and virtual wellness programs, classes, clubs and events provided by our network of providers (each, a “One Pass Partner”). Some subscription tiers include additional benefits, such as grocery delivery services. Unless otherwise noted, your membership does not include fee-based additional services that may be offered by a One Pass Partner, such as personal training sessions and specialized classes and/or events. We may update the list of participating One Pass Partners from time to time and One Pass Partner’s membership offerings may vary by location.

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Member Code

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Use your unique member code available on your dashboard to access all One Pass program services. Simply present your member code when visiting or accessing a digital fitness provider, gym, fitness location, or other provider within the One Pass network to receive access at your selected membership tier. One Pass Partners may require you to enter into and accept their respective terms and policies to utilize their services. YOU AGREE THAT RVO HEALTH IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SERVICES OR INFORMATION PROVIDED BY ONE PASS PARTNERS, THE CONTENT ON ANY LINKED SITE, OR FOR ANY INJURIES YOU MAY SUSTAIN WHILE PARTICIPATING IN ANY ACTIVITIES OFFERED BY, OR ON BEHALF OF, A ONE PASS PARTNER.

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Eligibility

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Members enrolled in a participating insurance or benefits plan are eligible for One Pass. Members may also invite up to four family members to receive access to One Pass. Your eligibility for One Pass may change or terminate if you change or terminate your current insurance or benefits. Family members' access is based on the primary member's eligibility. If you become ineligible for continued membership, your One Pass subscription and any family members' subscription will automatically terminate at the end of your then-current billing period.

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Subscription Term and Fees

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When you sign up for a new One Pass subscription, your membership begins instantly. You will be charged for the full calendar month on the day you sign up. When you change tiers within One Pass, you will be charged for the new tier on the 1st of the month and you will receive access the 1st of the following month. Your subscription will continue and automatically renew on a recurring monthly basis and you will be charged the subscription fee for your tier on the 1st of each month until you cancel your subscription as set forth below. The primary member will receive a separate invoice for each family member subscription. RVO Health reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of the next billing period following the date of the change. You will receive advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.

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Payment and Billing

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You will be required to provide a credit card or other payment method accepted by RVO Health. We will charge your payment method a monthly subscription fee on a recurring basis on the 1st of each month that you have an active subscription, plus any applicable taxes. You are solely responsible for any and all fees charged to your payment method, including family member subscription fees. You can change your payment method by logging on to your account and viewing your membership profile page.

The billing period is the first of the month through the last day of the month. Note, if you sign up on or after the 1st of the month, you will be charged for the full calendar month.

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Membership Tiers

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You will be asked to select a membership tier at the time you sign up for One Pass and for any family members that you add to your subscription. Once you have signed up, you can change your membership tier and any family member tier at any time. Changes made before the 1st of the month will take effect on the 1st of the following month. Changes made on or after the 1st of the month will be charged on the 1st of the next month and will be effective on the 1st day of the month following the charge date.

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If you have been invited to a One Pass family membership, your access to One Pass is subject to the primary member’s eligibility and continued payment, and the primary member remains responsible for your tier, the billing of your subscription, and handling any issues with customer service; if the primary member’s eligibility changes or payment is canceled, your access will be terminated according to One Pass’s terms.

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Cancellation and Refunds

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You can submit a subscription cancellation request at any time by logging in to your account and clicking the Change Membership button on your membership profile page. You must cancel at least thirty (30) days in advance of the following month’s charge date (the 1st of the month) for your cancellation to be effective at the end of that month. Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated, you will not receive a credit, including for partially used subscription terms.

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SMS

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The Rally Coach programs may permit you to enroll in SMS programs. The SMS terms throughout the Terms apply to the Rally Coach programs. If you are experiencing issues with the text messaging program for our smoking cessation programs, you can reply with the keyword HELP for more assistance, or you can get help directly by calling 1-866-784-8454. If you are experiencing issues with the text messaging program for Real Appeal or Real Appeal Rx, you can reply with the keyword HELP for more assistance, or you can get help directly by calling 1-844-924-7325.

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Rewards

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Sponsor

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RVO Health, LLC, 1101 Red Ventures Drive, Fort Mill, SC 29606 (“Sponsor” or “RVO Health”). Certain Rewards program components and other promotions or incentives may be co-sponsored by RVO Health and other third parties. Those third parties will be listed where applicable. Unless expressly stated otherwise, neither Google nor Apple is a sponsor of, or involved in any way with any of our Rewards programs or other promotions or incentives.

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Eligibility

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You may have the opportunity through certain programs to earn incentives or rewards offered by us or third parties, including without limitation, HSA, HRA, or FSA contributions; changes to insurance premiums or deductibles; gift cards; or other rewards (collectively, “Rewards”). Rewards are available only to (a) legal residents of the United States and any province or territory of the United States, and (b) who are at least 18 years of age or older and have reached the age of majority in their state, province or territory. If any participant is a minor in his/her state, province, or territory, a Reward may be awarded in the name of such participant’s parent or legal guardian, who must complete and return any documentation required by RVO Health or the applicable third party in order to receive the Reward. All applicable federal, state, provincial, and local laws and regulations apply. Receiving or winning a Reward is contingent upon fulfilling all requirements set forth herein. The right to receive a Reward is non-assignable and non-transferable, and no reward substitution, exchange, transfer or cash equivalent will be allowed, except by RVO Health who reserves the right to substitute a Reward of equal or greater value in case of unavailability of Reward or force majeure.

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Account

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Incentives are only available to you while you have an RVO Health HSID account that is in good standing. Should you terminate this account or otherwise no longer be in good standing with the Rally Coach programs, you may no longer participate in the Rally Coach programs and will no longer be eligible to receive Rewards. Only individuals are eligible to participate in Rewards, and each individual may participate only with one account.

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Rewards Redemption

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You may redeem Rewards by texting the short code associated with the Rally Coach programs to initiate withdrawal of the payment in the form of a gift card, gift certificate, or other form of payment authorized by RVO Health. A minimum of $10 in Rewards is required for redemption. Upon initiating redemption of your Rewards, you will be redirected to the third party incentives provider, who will ask for your personal information (e.g. email address); process the redemption; and send you the applicable payment in the form of a gift card, gift certificate, or other form of payment authorized by RVO Health. You must follow all RVO Health and third party incentive provider instructions in order to redeem your Reward. Each Reward is only valid through the applicable expiration date. Rewards: (a) have no cash value; (b) may not be redeemed for cash; (c) are redeemable only once; and (d) if so specified, may not be combined with other coupons, discounts, rebates, or payments. Unless otherwise noted at the time of redemption, all Rewards are final, cannot be returned, and will not be replaced by RVO Health. Please allow 8-12 weeks for the delivery of your Reward unless otherwise indicated. RVO Health and third party incentives providers are not responsible for refunding or replacing lost, stolen or mutilated payments. Delivery of some payments may require an additional charge for shipping and handling.

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Third Party Providers

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Unless otherwise indicated, Rewards are supplied by third parties not under the ownership or control of RVO Health. RVO Health is not responsible for any act or omission of any such third party incentives provider nor is RVO Health liable for any losses or penalties incurred if any third party incentives provider is sold, ceases to exist, or becomes inoperative; if a Reward is cancelled or modified; or for acts of nature that affect any Reward. RVO Health makes no guarantees, warranties, or representations of any kind concerning any Reward and is not responsible for third party incentives provider products or programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident, or any matter whatsoever, however suffered or caused, directly or indirectly arising out of redemption of a payment from a third party incentives provider, inluding without limitation: (a) failure or delay by such provider to redeem Rewards or to provide any specific form of payment, for whatever reason; (b) loss or damage caused by a payment supplied or requested by the participant; or (c) any changes to a third party incentive provider’s terms and conditions. You agree not to make any claims against us for any matter connected in any way with a third party incentives provider. You agree that your sole recourse for any and all liability in connection with payment from a third party incentives provider will be against the third party only. By redeeming Rewards, you release RVO Health from any and all liability regarding the redemption or use of Rewards. You acknowledge that your redemption through a third party incentives provider may be subject to additional terms and conditions imposed by the third party incentives provider, which terms and conditions shall govern in connection with the redemption to the extent that they differ from these Terms. Acceptance of the Rewards is the sole responsibility and at the sole discretion of the third party incentives provider, and payment in the form of particular products is subject to availability and may be substituted for similar or equivalent products.

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Organization Consent

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Your eligibility to receive Rewards will be dependent upon your affiliated organization’s agreement with RVO Health. Participants are solely responsible for complying with their affiliated organization’s policies and procedures regarding eligibility for and participation in any Rewards feature. Information regarding your accumulation or redemption of Rewards and other activity in connection with Rewards is subject to disclosure by RVO Health or the third party incentives provider to your affiliated organization. RVO Health disclaims any and all liability or responsibility for disputes arising between a Participant and their affiliated organization related to this matter.

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While Supplies Last

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Certain Rewards may be available only during a specific promotion period. That promotion will end when supplies of the particular Reward are exhausted or otherwise at the end of the promotion period, whichever occurs earlier.

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Errors

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There may be instances where your account reflects a Reward that was incorrectly or improperly awarded to you or otherwise contains or involves an error of some kind. RVO HEALTH RESERVES THE RIGHT TO CORRECT, MODIFY, OR REVERSE – OR CAUSE TO BE REVERSED (INCLUDING WITHOUT LIMITATION BY AN EMPLOYER, HEALTH PLAN, THIRD PARTY PROGRAM, INSURER, VENDOR, OR OTHER PARTNER) – ANY REWARDS THAT ARE MISTAKENLY OR IMPROPERLY AWARDED TO YOU.

TAXES AND FEES

YOU ARE RESPONSIBLE FOR TAXES IN CONNECTION WITH ANY REWARD. ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF A REWARD NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF REWARD RECIPIENTS.

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Cancellation of Rewards

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RVO Health may, in its sole discretion with or without notice and for whatever reason, cancel any credits or unredeemed Rewards upon the occurrence of any of the following: (i) the failure to redeem such Rewards within (90) days after the close of the applicable plan year, (ii) the termination or cancellation of your relevant insurance plan (including without limitation the specific group or individual health plan in which you are enrolled) or applicable online account (iii) the termination or cancellation of the Rewards program, for any reason, and/or (iv) the expiration or termination of the agreement between RVO Health and your affiliated organization, at which point all unredeemed Rewards will expire.

Sweepstakes

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RVO Health may offer single entry and/or multiple entry sweepstakes programs related to the Rally Coach programs (“Sweepstakes”). Unless otherwise explicitly stated, and in addition to the above terms, the follow terms and conditions shall apply to all Sweepstakes sponsored by RVO Health:

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Additional Eligibility: Employees of RVO Health or its advertising agencies, and each of their officers, directors, and agents and their immediate family or household members are not eligible to participate in any Sweepstakes. All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners, including, without limitation, by requiring individuals to provide a valid identification and a valid taxpayer identification number or social security number to claim a Reward. Participation constitutes an entrant’s full and unconditional agreement these Terms, including all rewards rules and sweepstakes rules, as the “Official Rules” of the applicable Sweepstakes and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Reward is contingent upon fulfilling all requirements set forth herein.
Promotion Periods: The start and end date and time for each Sweepstakes shall be clearly posted on the platform for the Rally Coach program running the Sweepstakes. Sponsor's clock is the official clock for each Sweepstakes. This Sweepstakes timing information and any information provided on the platform in connection with a particular Sweepstakes form a part of these Official Rules for that Sweepstakes. Sponsor reserves the right to change the start and end date and time of any Sweepstakes in its sole discretion.
Entry: Details of Sweepstakes, including how to enter and redeem Rewards, will be described on the platform for the Rally Coach program running the Sweepstakes, and/or other materials describing that Sweepstakes, as given to you by the Rally Coach program running the Sweepstakes, and may differ from the details set forth in these Official Rules. Other than to the extent that such details may differ, these Official Rules apply to all Sweepstakes.
Approximate Retail Value (ARV) and Odds of Winning: The duration of the particular Sweepstakes offering the Rewards and the number of Rewards shall be published for each Sweepstakes format. The odds of winning any Sweepstakes will depend on the number of Entries submitted for that Sweepstakes. Each Entry shall be equally weighted and have the same chance of winning. Each Sweepstakes shall be administered separately and the total aggregate ARV of the Rewards for each Sweepstakes shall be calculated based only on that particular Sweepstakes. Rewards shall be selected by Sponsor in its sole discretion. If you have questions regarding any Reward, please contact Sponsor at legal@rvohealth.com
Random Sweepstakes Drawings: Within a reasonable period of time after the close of a Sweepstakes, Sponsor shall randomly draw the stated number of potential winners from all eligible Entries for that Sweepstakes. The drawing will take place at Sponsor's offices, or when applicable, the co-sponsor's offices. If your Entry is drawn, you will be deemed the potential winner of the Reward, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.
Official Rules: For a physical copy of the Official Rules, send a self-addressed, stamped envelope to: RVO Health, LLC, Legal Department, 1101 Red Ventures Drive, Fort Mill, SC 29707. For a physical copy of the identity of a Reward winner, please send a self-addressed, stamped envelope to: RVO Health, LLC, Legal Department, 1101 Red Ventures Drive, Fort Mill, SC 29707, with a description of the Sweepstakes and a request for a “Winners List”. For all such mail, Sponsor will only response to requests that it receives in the thirty (30) days after the close of the applicable Sweepstakes. For all such mail, Vermont residents may exclude return postage.

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VIII. Terms for Healthgrades Elevated Profile

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If you sign up for an Elevated Profile (as defined below), the following terms apply to you. These terms, together with any other documents they incorporate by reference, including without limitation, the Physician User Agreement, govern your access to and use of the Elevated Profile. If there is any conflict between the Physician User Agreement and these terms, these terms control with respect to the Elevated Profile, and all other provisions in the Physician User Agreement that are not in conflict shall also apply. Healthgrades’ Elevated Profile is an offering through which a healthcare provider can claim a profile on the Healthgrades’ directory in order to better inform patients about their practice and in order to connect with to schedule appointments (the “Elevated Profile”). In order to use the Elevated Profile, you must meet the eligibility requirements below, register as a user, and purchase a subscription for a fee or be eligible for the subscription through a health plan, employer, physician group, practice, health system, or other provider of health care-related products or services. If you are eligible for the subscription through a health plan, employer, physician group, practice, health system, or other provider of health care-related products or services, and such qualifying party pays on a per-physician-per-month basis, your access to the subscription may be terminated, at our sole discretion, at the time you lose eligibility; however, if such qualifying party pays on an annual case-rate basis, your access to the subscription will be terminated at the end of the period paid for upfront by such qualifying party.

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Eligibility for the Elevated Profile

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You must be 18 years or older to register for the Elevated Profile.

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Subscription Term and Fees

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You are required to purchase a subscription for a fee to obtain an Elevated Profile. You agree that any termination or cancellation of your subscription and access to the Elevated Profile may be done without prior notice to you. Except as otherwise noted under “Cancellation and Refunds” below, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to the Elevated Profile.

If you purchase an Elevated Profile subscription you are responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of purchase. Additional taxes may apply. Your subscription will automatically renew for successive periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method chosen upon subscribing. Your non-cancellation or continued use of the Elevated Profile will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, we will attempt to reach out to you to fix any such failed attempts. If we are unable to remedy payment, we will cancel your subscription and alert you of cancellation of your subscription.

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Cancellation and Refunds

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Your subscription will continue to auto-renew until you cancel. You can cancel your subscription at any time by hovering over the Menu button and navigating to the Cancel Subscription page, or you may email elevatedprofile@healthgrades.com directly to request cancellation. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period. Cancellation requests may take up to seven (7) business days to process. If you are subscribed to a monthly subscription, please be aware that if you request cancellation within seven (7) business days of your next billing cycle, your cancellation may not take effect until after such billing cycle. Payments are nonrefundable except as set forth below. If you cancel, modify your subscription, or if your account is otherwise terminated, you will not receive a credit, including for partially used subscription terms.

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Subscription Data

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For purposes of your use of the subscription including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or signup process (“Subscription Data”). Please refer to our Privacy Policy for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.

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You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website, platforms or mobile applications. If your registration or subscription is revoked for any reason, you agree not to register a new subscription using another username or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms and/or by law.

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That’s about it…

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If you have questions about any of these Terms, please do not hesitate to contact us. We will be glad to help in any way that we can. You can reach us at legal@rvohealth.com.

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