Terms of service

LAST REVISED: September 24, 2024

PLEASE REVIEW THESE TERMS OF SERVICE BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE CAREFULLY, AS THEY AFFECT YOUR RIGHTS.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT IN SECTION 12 BELOW, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED IN SECTION 12) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT.  IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 12 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER IN SECTION 12 BELOW, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION.

  1. TERMS OF SERVICE OF THE SITES

This website and any mobile application (collectively, the "Sites") are owned and operated by Ovii Products (collectively, "Ovii", "us", "we", or "our"). These Terms and Conditions, and any amendments or supplements to it, together with our Privacy-Policy collectively, the "Agreement") apply to your use of the Sites, content and materials on the Sites (collectively, "Content"), any order you place through the Sites or by telephone, and your use or attempted use of our products and services.  Your use of the Sites or accessing their Content constitutes your consent to be bound by the Agreement and, therefore, the Agreement shall be enforceable in the same was as if you had signed the Agreement.  Please read these Terms and Conditions carefully before using the Sites because they affect your legal rights and obligations.   

If you do not agree to be bound by this Agreement or do not agree with the Agreement, please do not use the Sites, do not download the mobile application, do not order from us, and do not use our products or services. By downloading the mobile application or otherwise using the Sites, you will be deemed to have irrevocably agreed to these Terms and Conditions. 

You agree that Ovii may, in its sole discretion, and at any time, terminate or suspend its operation of the Sites or your use of the Sites, without prior notice to you, for any reason that Ovii, in its sole discretion, deems appropriate. You further agree that Ovii will not be liable to you or to any third party for the consequences of such termination or suspension.  In the event of any termination of your use of or access to the Sites, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, and disclaimers regarding information provided on the Sites, disclaimer of warranties with respect to use of the Sites, limitation on Ovii’s liability, your release of Ovii herein, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

  1. ELIGIBILITY

In order to use the Sites, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Sites are not intended for persons under the age of 18 and no person under the age of 18 may use the Sites. If you use the Sites, you are affirming that you are at least 18 years old.

  1. MODIFICATIONS

We reserve the right to modify, update, or remove portions of these Terms and Conditions at any time in our sole discretion, so please check back and review these Terms and Conditions from time to time. We will provide notice of any material changes by posting the revised Terms and Conditions on the Sites with an updated "Last Revised" date. Any material changes will take effect automatically 30 days after they are posted on the Sites.  Your continued use of the Sites signifies your acceptance of any changes. 

  1. PRIVACY

Any information you give us will be stored and used in accordance with our Privacy-Policy. By indicating your acceptance of these Terms and Conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

  1. DISCLAIMERS & WARRANTIES

THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OVII EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OVII DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (A) THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE OPERATION OF THE SITES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (C) ANY PARTICULAR RESULTS WILL BE OBTAINED FROM THE USE OF THE SITES; (D) THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OVII OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  1. LINKS TO OTHER SITES THAT OVVII DOES NOT CONTROL 

The Sites may include (or include links to) content provided by third parties or advertisers over which Ovii has no control.  These links should not be construed as an endorsement by Ovii of content, items, or services on those third-party websites.  Your access, view and use of such website links, including the content, items or services on those websites, are solely at your own risk.  Ovii makes no representations or warranties with respect to the content, products, services, ownership, or legality of any such linked websites.  You agree that Ovii has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, services, or other materials available through such website or resources.  At the moment when you leave the Sites via a link to another website, you will be subject to the privacy policy and terms and conditions of such other website.   

OVII WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITES, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THE SITES, EVEN IF OVII OR ONE OF ITS AFFILIATES OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OVII’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO OVII, IF ANY, FOR ACCESSING THE SITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU HEREBY RELEASE AND FOREVER DISCHARGE OVII (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SITES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER SITE USERS OR ANY THIRD-PARTY LINKS & ADS). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”

  1. OUR USE OF YOUR CONTENT

Ovii will consider anything you provide to it or contribution or post to the Sites as available for our use free of any obligations to you, except where solicited or invited submissions are expressly governed by additional terms appearing elsewhere on the Sites, in which case those additional terms will determine how we treat your solicited or invited submissions.

Subject to the provisions of any additional terms, by posting or uploading any content to the Sites or providing any communications and/or materials, including without limitation any photographs, comments, and video clips ("User Content"), you automatically and irrevocably: (a) grant and assign Ovii a royalty-free, perpetual, non-exclusive, unrestricted, fully transferrable worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its use, reproduction, distribution, adaption, modification, translation, display, creation of derivative works from, publication or other exploitation by Ovii or by any person authorized by Ovii, and the name submitted in connection with such User Content, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity for any purpose whatsoever including but not limited to developing, manufacturing, distributing and marketing products using such User Content; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Ovii as your agent with full power to enter into any document and perform any act Ovii may consider appropriate to confirm the grant and assignment; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms and Conditions; (e) the User Content is accurate; and (f) confirm that no such User Content will be subject to any obligation to you or any other person and that Ovii shall not be liable for any use or disclosure of such User Content.

We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Ovii has the right, but not the obligation, to monitor and edit or remove any activity or content. Ovii takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

  1. USER CONDUCT

You may use the Sites only for lawful purposes and in accordance with these Terms and Conditions. You agree: 

  1. Not use the Sites in any way that violates any applicable federal, state, local, international law or regulation, or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

  2. Not transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam", or any other similar solicitation;

  3. Not impersonate or attempt to impersonate Ovii an Ovii employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); 

  4. Not use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, or access any equipment or network on which the Sites are stored or operated or any software used in the operation of the Sites or any equipment or software operated by any third party;

  5. Not use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the materials on the Sites;

  6. Not use, frame, or utilize framing techniques to enclose any Ovii trademark, logo, or other proprietary information (including the images found on the Sites, the content of any text, or the layout/design of any page or form contained on a Sites page) without Ovii's express written consent;

  7. Not to reverse engineer, or create derivative works based on the Sites or any content (including, without limitation, any software) available through the Sites;

  8. Not to use meta tags or any other "hidden text" utilizing an Ovii name, trademark, or product name without Ovii's express written consent;

  9. Not to deeplink to the Sites without Ovii's express written consent;

  10. Not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites;

  11. Not to collect or store personal data about others;

  12. Not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access;

  13. Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law;

  14. Not to post any copyrighted material unless the copyright is owned by you;

  15. Not to use any manual process to monitor or copy any of the materials on the Sites or for any other unauthorized purpose without our prior written consent;

  16. Not to use any device, software, or router that interferes with the operation, performance or output of the Sites;

  17. Not to introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful;

  18. Not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the servers on which the Sites are stored, or any servers, computers, or databases connected to the Sites;

  19. Not to attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; and/or

  20. Not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or which, as determined by us, may harm Ovii or users of the Sites or expose them to liability; and 

  21. To comply with all appliable laws regarding your use of the Sites. 


  1.  TELEPHONE AND ELECTRONIC COMMUNICATIONS AND  AGREEMENT TO BE CONTACTED

Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Ovii, our agents, affiliates, and independent contractors, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message.

Your Consent to Receive Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive text messages from us, our agents, affiliates, and independent contractors related to your account, promotions, registration, policies, changes and updates, reminders about incomplete or upcoming payments, follow ups to any push notifications delivered through our mobile application, any transaction with Ovii, and/or your relationship with Ovii. You acknowledge that text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Ovii may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive text messages from Ovii, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

Opt-Out Instructions. Your consent to receive texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request.

Fees and Charges. There is no fee from Ovii to receive text messages from Ovii, our agents, affiliates, and independent contractors. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Ovii, our agents, affiliates, and independent contractors are not responsible for such charges.

Unauthorized Use of Your Telephone Device. You must notify Ovii immediately of any breach of security or unauthorized use of your telephone device. Although Ovii, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Your Indemnification to Us. You agree to indemnify Ovii, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

Release of Claims. In consideration of the services provided by Ovii, our agents, affiliates, and independent contractors, you hereby release Ovii, our agents, affiliates, and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Electronic Communications and Signatures. The communications between you and Ovii use electronic means, whether you use the Sites or send us emails, or whether Ovii posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Ovii in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ovii provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Ovii, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and Conditions and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITES OR SERVICES OFFERED BY OVII. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Termination of Text Messaging. Ovii may suspend or terminate this service and your receipt of Ovii related text messages if it believes you are in breach of these Terms and Conditions. Your use of this service and receipt of Ovii text messages are also subject to termination in the event you no longer have the rights access to your mobile telephone service.  Ovii reserves the right to modify or discontinue, temporarily or permanently, all or any part of its text messaging service, with or without notice.

​Changes to Messaging Terms.  We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change our messaging program at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms and Conditions.

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless Ovii, its officers, employees, directors, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all claims, demands, liability, losses, damages, costs, or other expenses of any kind (including without limitation reasonable attorneys’ fees and costs) that arise directly or indirect out of or from: (a) your use of the Sites; (b) information you submit or transmit through the Sites; (c) your breach of this Agreement or of any representation or warranty made by you in these Terms and Conditions; and (d) your activities in connection with the Sites or User Content.

  1. APPLICABLE LAWS & JURISDICTION

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Sites and your purchase of the products and services on the Sites.

Ovii owns and controls the Sites (excluding third party linked sites) from its corporate offices at 30745 Pacific Coast Highway, Suite 464, Malibu, California 90265.  Ovii makes no representation that the Sites appropriate or available for use in other locations. Accessing the Sites from jurisdictions where such access or the content therein is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.

The Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute between you and Ovii arising out of or relating in any way to your use of the Sites or to your use or purchase of any Ovii’s products or services.

  1. DISPUTES: ARBITRATION AGREEMENT, TIME LIMITATION, & CLASS WAIVER

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Mandatory Pre-Dispute Procedures.  To the extent permitted by all applicable law, you acknowledge and agree that before initiating any claim against Ovii, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Ovii at 30745 Pacific Coast Highway, Suite 464, Malibu, California 90265; Attn: Legal Counsel. You agree to negotiate with Ovii in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Ovii’s receipt of your written dispute, you agree to the dispute resolution provisions below. With respect to the dispute resolution provisions, including the class action waiver, subsidiaries, partners and affiliates of Ovii shall be third party beneficiaries.

Arbitration.  Any dispute or claim relating in any way to your use of the Sites, to your purchase or use of any of Ovii’s product or services, your participation in Ovii’s subscription or membership program, or this Agreement, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these Terms and Conditions as a court would.

Waiver of Class Action.  You and Ovii each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you and Ovii agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Commencement of Arbitration.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to, Attn: Legal Counsel, 30745 Pacific Coast Highway, Suite 464, Malibu, California 90265.  You agree that any Claims shall be resolved by submitting the dispute to final and binding arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.  For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Ovii agree.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Ovii.

You and Ovii agree to commence any arbitration proceeding within 1 year after the claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Arbitration Fees and Costs.  Each party is responsible for their own fees, costs and expenses, including without limitation filing fees, arbitrator fees, attorneys’ fees, expert fees, and witness fees.  Each party can seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are invalid or frivolous. 

Enforceability. This provision survives termination of your account or relationship with Ovii, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims. This provision is the entire arbitration agreement between you and Ovii and shall not be modified except in writing by Ovii.

Amendments. Ovii reserves the right to amend this arbitration provision at any time. Your continued use of the Sites, purchase of an Ovii product or service, or your use or attempted use of an Ovii product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Ovii will provide you notice and an opportunity to opt-out. Your continued use of any the Sites, purchase of an Ovii product or service, or your use or attempted use of an Ovii product, is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN OVII PRODUCT OR SERVICE ( WHICHEVER COMES FIRST) BY WRITING TO OVII, ATTN: LEGAL COUNSEL, 30745 PACIFIC COAST HIGHWAY, SUITE 464, MALIBU, CALIFORNIA 90265. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY OVII PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF OVII’S PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

  1. EXCLUSIVE VENUE FOR OTHER CONTROVERSIES 

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.  You and Ovii agree to commence any proceeding within 1 year after the claim arises and that any proceeding commenced after 1 year shall be barred.  If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  1. REMEDIES FOR OVII

In order to avoid irreparable injury to Ovii, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Ovii from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

  1.  INTELLECTUAL PROPERTY

The Sites are the property of Ovii, and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Sites and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Ovii at the Sites or elsewhere are reserved to Ovii and its licensors. You acknowledge that content available through the Sites including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, including content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a non-exclusive, non-transferable, revocable, limited license to use and access the Sites solely for your own personal, noncommercial use and to view, copy and print content retrieved from the Sites for the sole purpose of using or placing an order via the Sites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Ovii’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

  1. DISCLAIMER REGARDING INFORMATION PROVIDED ON THE SITES 

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW SUPPLEMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

OVII AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE OVII STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, OVII CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

  1. AUTO-REPLENISHMENTS

Auto-replenishments are limited to items displaying the auto-replenishment tag on the Sites. If you purchase products using our auto-replenishment feature at Ovii, you’ll receive regular shipments of those products based on the frequency you choose on our Sites.  Ovii reserves the right to offer different frequencies in the future which will be posted on the Sites. When you are enrolled, auto-replenishment will automatically create a new order according to the shipment schedule applicable to your product purchase selection, and your auto-replenishment for the selected product will continue for each auto-replenishment period selected by you until you cancel. You may skip an auto-replenishment shipment, make changes to or cancel your auto-replenishment up to twenty-four (24) hours before your order is placed. There is no additional fee charged with participating in auto-replenishment, and there is no minimum purchase obligation.

Some of the offer details for auto-replenishments may change as you receive deliveries over time (for example, price, taxes, availability, and shipping/handling charges). If the item is unavailable when we plan to ship it, we will notify you that we are unable to process the order, and we will wait to process your order until the next scheduled shipping date based on the shipment frequency selected.

Autorenewal and Recurring Charges Apply. The total cost charged to your payment method for each auto-replenishment order will be the cost of the item on the day that order is processed, less any auto-replenishment discount offered as a percentage or dollars off at the time you signed up, plus shipping, handling and any applicable sales tax. Your auto-replenishment will automatically renew at the end of the term you selected continuously and indefinitely without action by you, and the cost will be automatically charged to you at the time of renewal. Ovii reserves the right to modify or cancel any discount offered at the time you signed up for auto-replenishment, with notice to you, and future orders fulfilled would reflect any such change. For each auto-replenishment item shipment, you authorize Ovii to charge the payment method used when you enrolled unless otherwise directed by you. If we are unable to complete your auto-replenishment order with the payment method you used when you enrolled, we will not fulfill the order and will notify you that your payment method needs to be updated.

The actual cost of each shipment may vary depending on the quantity and frequency chosen. You accept responsibility for all recurring charges and your auto-replenishment will continue until you cancel your auto-replenishment. There is no minimum purchase obligation.

Cancellation. You may cancel auto-replenishment at any time by visiting your customer portal on ovii.com.  If you cancel before the next recurring payment is charged, then your subscription will terminate automatically, and Ovii will not charge your payment provider for any subsequent auto-replenishment period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), Ovii will continue to process your order; your auto-replenishment will terminate automatically after the last order is shipped. If you cancel your enrollment and then reactivate it, the discount applied to any auto-replenishment item may not be the same discount in effect at the time of cancellation. If the auto-replenishment discount for such item changes, the new discount will be applied to your future shipments of that item.

Skip A Shipment. You may also skip a shipment at any time. To skip a shipment, visit your customer portal on ovii.com.  If you skip a shipment before your next recurring payment is charged, Ovii will cancel the next scheduled delivery for your auto-replenishment and your payment method will not be charged for the skipped shipment. If you skip a shipment while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), Ovii will continue to process your order for that period and skip the following subscription period. After your skipped shipment, Ovii will automatically re-start your auto-replenishment deliveries unless you skip the next shipment or cancel your auto-replenishment. Skipping a shipment does not cancel your subscription.

Manage Your Auto-Replenishment. You can manage or make changes to your auto- replenishments at any time, by visiting your customer portal on ovii.com.  Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed.

We may, in our sole discretion, terminate or suspend your enrollment in auto-replenishment for any reason at any time without notice in our sole discretion. If we do so, you will only be charged for orders that have been shipped to you. Ovii reserves the right to change the auto-replenish benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current enrollments.

Auto-replenish discounts and any limited time special enrollment promotions apply only to eligible items displaying the offer message on the auto-replenish item information pages, and then only if you select the auto-replenish delivery method. Enrollments are good while supplies last. Special limited time enrollment promotions only apply during their effective dates.

Returns. All returns under auto-replenishment are subject to our Return Policy.

Modifications. Ovii reserves the right to change the pricing of any product associated with auto-replenishment at any time. In the event of a price change, Ovii will post the new pricing on the website and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your auto-replenish products by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our auto-replenish products (sizes, varieties, etc.) through an electronic communication to you. If you do not wish to accept a price change made by us, you may cancel your auto-replenishment as described above, otherwise you will be deemed to have consented to the price change and authorize Ovii to charge the new price to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Ovii within sixty (60) days after they first appear on an account statement.

Failure to Process. If an auto-replenish order cannot be processed due to an issue with an invalid shipping address, billing address or expired payment information, you will be notified and given the opportunity to correct the problem. If the issue is not corrected within thirty (30) days, your auto-replenish order will be cancelled.

  1. SEVERABILITY

If any provision of these Terms and Conditions is held to be unlawful, invalid, void, or for any reason unenforceable, you and we agree that the provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions (including any remaining provisions under the heading of the provision that was deemed unenforceable).

  1.  HEADINGS FOR CONVENIENCE ONLY

Any heading or subheading contained in these Terms and Conditions is solely for convenience of navigation and should not be used to interpret any specific provision.

  1. OTHER

Ovii may assign, transfer, or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Ovii. No delay by Ovii in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect Ovii’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Ovii in writing. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.