Terms of Service
Last Updated: June 19, 2024
MyOlivia, Inc. (“MyOlivia,” “we,” “us,” “our”) provides services through our website www.ohmyolivia.com (the “Site”), our mobile applications (the “App”), and related services, content, tools, widgets, software, APIs, and other products or information provided by MyOlivia (collectively, the “Service(s)”). These Terms of Service (“Terms”) govern your use of our Services.
Important: Our Services are not suitable for emergencies. If you have a medical or mental health emergency, call 911 or visit the nearest emergency room or clinic.
This agreement (“Agreement”) outlines the terms and conditions for using our Services. By accessing the Site or using the Services, you agree to be bound by this Agreement. If you do not agree, please do not use the Site or Services.
We reserve the right to modify these Terms at any time at our sole discretion. Continued use of the Services after changes are made signifies your acceptance of the updated Terms.
This section contains important information about your legal rights, remedies, and obligations, including an agreement to arbitrate disputes.
Agreement to Arbitrate: By using this site, you agree to resolve any claims you may have against us through binding and final arbitration. This means:
- Individual Claims Only: You can only pursue claims against MyOlivia on an individual basis, not as part of a class or representative action.
- Individual Relief Only: You can only seek relief (monetary, injunctive, and declaratory) on an individual basis.
- No Jury or Court Trials: You may not be able to have your claims resolved by a jury or in a court of law.
By accessing and using this site, you accept these Terms of Service. If you do not agree with any of these terms and conditions, please do not use our services.
1. Access Rights and Use of the Services
Services Description: MyOlivia is a platform that connects patients like you with healthcare providers (“Providers”). Our services include facilitating the marketing and sale of healthcare services, connecting patients with Providers, offering prescription services, and managing the scheduling and payment for healthcare and prescription services.
Medical Advice Disclaimer
You acknowledge and agree that MyOlivia does not provide any medical services or medical advice. MyOlivia does not make any representations, warranties, guarantees, or endorsements regarding any medical services or advice that you may obtain through the site or the services. Never disregard professional medical advice or delay seeking medical treatment because of something you have read or accessed through the site. If you think you may have a medical emergency, call your doctor or your local emergency number immediately.
Using the services does not create a healthcare provider-patient relationship. MyOlivia is not responsible or liable for any advice, course of treatment, diagnosis, or any other third-party information, site, product, or service that you purchase or access through the site.
MyOlivia is not a pharmacy and does not provide pharmacy services, including advice on prescription medication. For any advice or questions related to medication, you should contact your pharmacist or healthcare provider.
The inclusion of any healthcare provider in the services does not constitute an endorsement by MyOlivia, nor does it mean that MyOlivia has conducted any due diligence or investigation regarding the healthcare provider.
Your Registration Obligations
To access and use certain features of the Service and become a Member, you may need to register with MyOlivia. By registering for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. Your registration data, any health data you upload, and other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, whether you register or not. Our Service is currently available only to individuals who are located in states where we offer the Service, are at least 18 years old (or the age of majority in their jurisdiction if higher than 18), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you:
(a) Represent and warrant that you meet all these eligibility requirements. (b) Represent and warrant that when consulting with a Provider, you are located in the same state as the shipping address you provide in your account. (c) Agree to comply with all applicable laws when using the Service. (d) Agree to use the Service only for lawful purposes.
Please note that our Service is subject to state regulations and may change over time due to updates in applicable regulatory requirements.
Password, and Security
You are responsible for keeping your password and account details confidential and are fully accountable for all activities that occur under your password or account. MyOlivia is authorized to act on instructions received under your password. You agree to immediately notify MyOlivia of any unauthorized use of your password or account or any other security breach, and ensure that you log out from your account at the end of each session when using the Service. MyOlivia is not responsible for any actions taken or transactions made to or from your account by anyone else using your password. MyOlivia will not be liable for any loss or damage resulting from your failure to comply with this section.
Modifications to Our Service
MyOlivia reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyOlivia will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage of Your Information
You acknowledge that MyOlivia may establish general practices and limits regarding the use of the Service. This includes, but is not limited to, the maximum period of time that data or other content will be retained by the Service and the maximum storage space allotted on MyOlivia’s servers on your behalf. You agree that MyOlivia is not responsible or liable for the deletion or failure to store any data or content maintained or uploaded by the Service. MyOlivia reserves the right to terminate accounts that are inactive for an extended period. Additionally, MyOlivia may change these general practices and limits at any time, at its sole discretion, with or without notice. However, any health data you upload will be maintained in accordance with HIPAA requirements and applicable state data privacy and medical records laws.
Mobile Services
The Service includes certain features accessible via a mobile device, such as the ability to upload content and browse the Service and Site from a mobile device (“Mobile Services”). If you access the Service through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. Some Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding MyOlivia and other entities via SMS, MMS, text message, or other electronic means to your mobile device. You also agree that certain information about your usage of the Mobile Services may be communicated to us. If you change or deactivate your mobile phone number, you agree to promptly update your MyOlivia account information to ensure messages are not sent to the person who acquires your old number.
2. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you via email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. By using the Site, you acknowledge and agree that MyOlivia will send emails related to your Member account and MyOlivia promotions. You can opt out of email subscriptions at any time by logging into the Site and changing your notification preferences. You may also unsubscribe from promotional emails by clicking the unsubscribe link in any of our email communications. By using the Site and opting to receive emails, text messages, and electronic communications, you acknowledge and agree that MyOlivia will transmit certain health information electronically. While MyOlivia takes commercially reasonable steps to protect the privacy and security of your health information, no system is completely secure. You may choose not to receive emails or text messages at any time by unsubscribing. You acknowledge and agree that you are solely responsible for providing MyOlivia with accurate contact information, including your mobile device number and email address, for receiving communications containing your health information. MyOlivia is not responsible for user errors and omissions.
3. Your Use of the Services
You agree to use the Services solely to help you find a healthcare provider for yourself or another person. You are solely responsible for all images, information, data, text, messages, or other materials (“content”) that you upload, post, publish, display, email, or otherwise use via the Service. You will ensure that all content you upload or share complies with all applicable laws, rules, and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and upload such content without infringing any third-party rights.
MyOlivia reserves the right to investigate and take appropriate legal action against anyone who, in MyOlivia’s sole discretion, violates this provision. This includes, without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. You agree not to use the Service in any manner that MyOlivia determines, in its sole discretion, to be illegal or improper.
Fees
MyOlivia does not accept Medicare, Medicaid, or any other third-party insurance. If you choose to use the Services to schedule and pay out of pocket for healthcare services, you will need to provide MyOlivia or its financing partner with your credit card or other payment information. You represent and warrant that this information is accurate and that you are authorized to use the payment method. You agree to promptly update your account with any changes, such as a new billing address or credit card expiration date. You agree to pay MyOlivia the amount specified in your payment plan in accordance with its terms and these Terms of Service. If you dispute any charges, you must notify MyOlivia within sixty (60) days from the date of the charge. You are responsible for all taxes associated with the Services. Providers may offer financing for healthcare services listed on MyOlivia. Additionally, MyOlivia cannot guarantee the availability of any healthcare provider at any specific time and is not liable for any cancelled or unfulfilled appointments, or any injury or loss resulting from such cancellations, or for any other injury or loss related to your use of the Site or Services.
Cancellation Policy
MyOlivia’s cancellation policy makes booking, cancelling, and rescheduling easy. We will honor a full refund for visits canceled within the following time frames:
- Virtual Visits: Cancel up to 3 hours before the scheduled visit.
- In-Person Visits: Cancel up to 24 hours before the scheduled visit.
- All Other Visits (including labs, imaging, and visits without a specific day or time at purchase): Cancel up to 10 days after the purchase date once MyOlivia confirms with the provider that the visit did not take place.
We are unable to offer refunds for the following:
- No-shows or missed appointments
- Refund requests due to not receiving a prescription or disagreement with the clinical outcome of the visit
- Any request made 10 days after the original purchase date
If you book a same-day appointment by mistake and need to cancel, MyOlivia will refund you if you request the cancellation within one hour of completing the purchase.
Refunds for Patient/Provider Messaging: All refunds for messaging are at the discretion of MyOlivia. Refunds may be considered if one of the following criteria is met:
- You purchase the option to message but decide not to use this feature and request a refund within one hour of purchase.
- The provider does not respond within one business day.
US Use Only
MyOlivia services are intended for users in the United States. Your information may be transmitted to third parties in other countries to help provide the services. These terms are governed by the laws of Florida.
The Service is hosted in the United States and is intended only for users located in the United States. MyOlivia makes no representation that the materials are appropriate or available for use outside the United States. If you access our Service from outside the United States, you are responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services.
Information submitted by you may be transmitted to and shared with third parties located in other countries to provide Services to you. These Terms of Service and any agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida, United States.
The Service is designed for Providers, Patients, and other users in the United States only. We make no representation that the information and services provided on the Service are applicable, appropriate, or available for use in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative, without our consent, and are responsible for compliance with local laws.
Commercial Use
Unless expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
Prescription Services
As part of the Services, MyOlivia can facilitate the delivery of prescription medication through our partner pharmacies. MyOlivia is not a pharmacy and does not present itself as one.
Medication is prescribed at the discretion of the Provider and only if medically necessary. MyOlivia makes no guarantees that you will receive a prescription. The Provider must be able to write prescriptions through MyOlivia for us to facilitate the delivery of the medication. You agree that prescriptions are for your personal use. You also agree to read all the information and labels that accompany your prescriptions and to contact a pharmacist or your healthcare provider with any questions. Providers do not prescribe controlled substances as part of MyOlivia prescription services.
Prescription Services Fees
If your prescription includes refills, you agree to recurring prescription deliveries as part of your purchase. By doing so, you authorize us to charge the card on file on a recurring basis for the cost of the prescription plus any applicable fees. This will continue until you either cancel the prescription service or the prescription refill period expires. While the initial prescription cannot be canceled or refunded, refills can be canceled at any time before they have been processed for delivery. Cancellation can be done through your account.
The prescription services provided by MyOlivia and the payments for associated medications are exclusively cash-pay. MyOlivia is not insurance and does not accept any insurance for provider visits or medications. You may submit reimbursement requests to your HSA or FSA. Payments made to MyOlivia for the prescription service do not count toward prescription drug coverage out-of-pocket expenses.
4. Intellectual Property Rights
Service Content, Software, and Trademarks: You acknowledge that the Service may contain content or features (“Service Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by MyOlivia, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Service Content, in whole or in part. This does not apply to your own User Content that you legally upload to the Service. You agree not to engage in data mining, robots, scraping, or similar data gathering methods in connection with your use of the Service. If MyOlivia blocks your access to the Service (including by blocking your IP address), you agree not to circumvent such blocking measures. Any use of the Service or Service Content other than as specifically authorized is strictly prohibited. The technology and software underlying the Service are the property of MyOlivia, our affiliates, and partners (the “Software”). You agree not to copy, modify, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or transfer any rights in the Software. All rights not expressly granted herein are reserved by MyOlivia.
The MyOlivia name and logos are trademarks and service marks of MyOlivia (collectively, the “MyOlivia Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners. Nothing in these Terms of Service or the Service grants any license or right to use any MyOlivia Trademarks displayed on the Service without prior written permission. All goodwill generated from the use of MyOlivia Trademarks will inure to our exclusive benefit.
Third-Party Material: MyOlivia is not liable for any content, materials, or services provided by third parties (including users or healthcare providers), including any errors or omissions in content or any loss or damage resulting from the use of such content. MyOlivia does not pre-screen content but reserves the right to refuse or remove any content that violates these Terms of Service or is deemed objectionable. The Services help you find and source healthcare services provided by independent third-party Providers not affiliated with MyOlivia. MyOlivia makes no guarantees about the reliability, quality, or suitability of such healthcare services or Providers. By using the Service, you agree to hold MyOlivia free from any liability or damage arising from such transactions. By posting content in our directory or allowing us to do so, you grant us a license to use your content for promoting our directory and Services. MyOlivia and its affiliates or licensors are not responsible for the conduct of any third-party Provider or user of the Services.
You acknowledge that the list of healthcare providers on the Service may not be comprehensive or regularly updated. While we take steps to ensure the information about a healthcare provider is accurate and complete, we rely on the provider’s reported information, which might not always be accurate or current. We are not responsible for content or service descriptions from healthcare providers.
User Content Transmitted Through the Service: With respect to content or other materials you upload or share through the Service (“User Content”), you represent that you own all rights to such User Content, including copyrights and rights of publicity. By providing User Content, you consent to our use of your Personal Information in accordance with these Terms of Service and our Privacy Policy. You agree that any User Content you submit will be accurate and complete. By uploading User Content, you grant MyOlivia and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use your User Content in connection with the Service, including for promotion, advertising, marketing, improvement, and other lawful purposes.
You agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to MyOlivia (“Submissions”) are non-confidential, and MyOlivia is entitled to use and disseminate these Submissions for any purpose without acknowledgment or compensation.
MyOlivia may preserve content and disclose it if required by law or if necessary to: comply with legal processes; enforce these Terms of Service; respond to claims that content violates third-party rights; or protect the rights, property, or personal safety of MyOlivia, its users, and the public. The technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform to technical requirements.
MyOlivia does not provide medical advice or services and should not be relied upon as a substitute for consultations with qualified professionals familiar with your individual needs. Providers are solely responsible for all content and healthcare services they provide. MyOlivia is not liable for any acts, omissions, or care from Providers. We are not responsible for any disputes between Providers and you related to the healthcare services they provide or fail to provide.
5. Our Obligations
To provide and process services for you, MyOlivia shares your personally identifiable information with our authorized service providers who perform certain services or functions on our behalf. MyOlivia may be required by law to disclose information you have provided when using any of the services on the Site. We may also disclose information if someone poses a threat to MyOlivia’s interests (such as user fraud) or if their activities could harm others. Additionally, in the reasonable opinion of MyOlivia officials, it may be necessary to provide certain information to third parties, such as law enforcement authorities or governing bodies for a particular healthcare provider. If MyOlivia receives a court order to disclose information about you or your activities on the Site, you agree that such information may be disclosed.
6. Third Party Websites
The Service may provide links or other access to external websites and resources. MyOlivia has no control over such sites and resources and does not endorse them. You acknowledge and agree that MyOlivia is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource.
7. Indemnity and Release
You agree to release, indemnify, defend, and hold MyOlivia and its affiliates, officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, arising out of or related to any claims or actions arising from: (i) injury (including death) or damage to property caused by your or your agents’ actions or inactions; (ii) your use of the Service; (iii) any User Content or other content or materials you provide; (iv) your connection to the Service; (v) your violation of these Terms of Service or this Agreement; or (vi) your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Any obligation to indemnify an Indemnitee for any loss, liability, or expense arising from negligent, grossly negligent, reckless, willful, fraudulent, or intentional conduct committed by any Indemnitee may not be enforceable against any visitor of the Services to the extent applicable law requires.
8. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. MyOlivia expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
MyOlivia makes no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; or (iv) the quality of any products, services, information, providers, or other material purchased or obtained by you through the Service will meet your expectations.
9. Limitation of Liability
You expressly understand and agree that MyOlivia will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, goodwill, use, data, or other intangible losses (even if MyOlivia has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, including but not limited to: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service (including without limitation any provider); or (v) any other matter relating to the Service. In no event will MyOlivia’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid MyOlivia in the last six (6) months, or, if greater, one hundred dollars ($100). Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Service or these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service. If you are a user from New Jersey, the foregoing sections titled “Indemnity and Release”, “Disclaimer of Warranties”, and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of these sections is held to be invalid under the laws of New Jersey, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
10. Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This section is referred to as the Arbitration Agreement (“Arbitration Agreement”). You agree that any disputes or claims arising between you and MyOlivia, whether related to these Terms of Service, the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than in court. However, you may assert individual claims in small claims court if they qualify. This Arbitration Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, which can seek relief on your behalf. By entering into these Terms of Service, you and MyOlivia are waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: You and MyOlivia agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any class or representative action or proceeding. Unless both you and MyOlivia agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for public injunctive relief under applicable law.
Pre-Arbitration Dispute Resolution: MyOlivia is interested in resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly by emailing customer support at [email protected]. If these efforts prove unsuccessful, a party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) by certified mail to MyOlivia at 7742 N. Kendall Drive, #325, Miami, FL 33156-8550 The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If MyOlivia and you do not resolve the claim within 60 calendar days after the Notice is received, either party may commence an arbitration proceeding. During arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount to which either party is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement. For information on the AAA, visit their website at http://www.adr.org. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will prevail unless the arbitrator determines that the inconsistency would result in an unfair arbitration. The arbitrator must follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including the scope and enforceability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award. Decisions by the arbitrator are enforceable in court and may be overturned only for very limited reasons.
Unless MyOlivia and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, considering their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, the AAA will determine it. For claims of $10,000 or less, you may choose whether the arbitration will be conducted based solely on documents submitted, through a telephonic hearing, or by an in-person hearing. For claims exceeding $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the arbitration method, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If the relief sought is $75,000 or less, MyOlivia will pay all Arbitration Fees upon your request. If the relief sought exceeds $75,000 and you cannot afford your portion of the Arbitration Fees, or if the arbitrator determines you should not be required to pay, MyOlivia will cover your portion. Additionally, if you demonstrate that arbitration costs would be prohibitive compared to litigation, MyOlivia will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, including any ruling, decision, or award by the arbitrator, will be strictly confidential.
Severability: If a court or the arbitrator finds any term of this Arbitration Agreement (other than the “Prohibition of Class and Representative Actions and Non-Individualized Relief” subsection) invalid or unenforceable, the parties agree to replace such term with a valid and enforceable term that comes closest to expressing the intention of the invalid or unenforceable term. The Arbitration Agreement will be enforceable as modified. If any of the provisions of the “Prohibition of Class and Representative Actions and Non-Individualized Relief” subsection are found invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, except for claims for public injunctive relief.
Future Changes to Arbitration Agreement: If MyOlivia makes any future changes to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject the change by sending MyOlivia written notice within 30 calendar days of the change. By rejecting any future change, you agree to arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
11. Termination
You agree that MyOlivia, at its sole discretion, may suspend or terminate your account or use of the Service, and remove any content within the Service, for any reason, including, but not limited to, inactivity or if MyOlivia believes you have violated the Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be referred to law enforcement authorities. MyOlivia may also discontinue providing the Service, or any part thereof, at any time, with or without notice, and may deactivate or delete your account and all related information. You agree that MyOlivia will not be liable to you or any third party for terminating your access to the Service.
12. General
These Terms of Service, along with the Privacy Policy, constitute the entire agreement between you and MyOlivia regarding the use of the Service, superseding any prior agreements. Additional terms may apply when using affiliate or third-party services, content, or software. These Terms of Service are governed by the laws of the State of Florida, without regard to its conflict of law provisions. For disputes not subject to arbitration, you agree to submit to the jurisdiction of the state and federal courts in Miami, Florida.
The failure of MyOlivia to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision is found invalid by a court, the parties agree that the court should attempt to give effect to the parties’ intentions, and the other provisions will remain in full force. Any claim related to the use of the Service or these Terms must be filed within one (1) year or be forever barred. A printed version of this agreement and any electronic notices will be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated in printed form.
You may not assign these Terms of Service without MyOlivia’s prior written consent. MyOlivia may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal effect. Notices to you may be made via email or regular mail. Notices to MyOlivia must be in writing, sent via registered mail or recognized courier, with confirmation of delivery.
MyOlivia will not be liable for any breach of these terms or the Privacy Policy due to events beyond our control, including acts of God, terrorism, war, network failures, electrical shortages, disease outbreaks, earthquakes, floods, civil disorder, strikes, fire, or other disasters.
13. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Service are entitled to the following consumer rights notice: You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
14. Telemedicine
Some of our Services may include a telehealth online solution that allows participating medical professionals and healthcare staff (“Providers”) to communicate with their clients, customers, and/or patients (collectively, “Patients”) to provide healthcare-related services online and perform virtual house calls via an Internet connection. We are not responsible for Internet connectivity issues or related problems. We do not provide medical services, health insurance, nor are we licensed to sell health insurance. The Services are not intended for active patient monitoring that requires immediate clinical action or continuous monitoring.
The Providers who deliver services through our Service are independent professionals practicing within independently owned professional practices. We do not practice medicine or any other licensed profession and do not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for their services and compliance with their professional and licensing requirements.
Information provided by Providers and/or Patients is transmitted via the Services, not verified or endorsed by us, and is provided on an “as-is” basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We are not liable for any decision or action taken by any party in reliance on information about Providers or Patients on the Service.
You certify that you are not a beneficiary of a federal health care program (e.g., Medicare, Medicaid, TRICARE). If you provide false or deceptive information, including regarding your Medicare or Medicaid enrollment status, we reserve the right to terminate your use of the Services.
A healthcare provider’s ability to use our Services is not an endorsement or recommendation of that provider by us. Neither we nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice obtained from a Provider via the Services. The medical advice provided by your Provider is not under our control, nor is it provided by us. If you are a Patient, you accept responsibility for yourself in using the Services. You acknowledge that your healthcare relationship is with your provider, and you assume full responsibility for all associated risks. By using the Service, you agree not to hold us liable for any malpractice or substandard treatment rendered by the Provider.
We reserve the right to confirm certain credentials of Providers using our Services, such as validating their standing with their licensure boards. Providers using or featured on the Service are independent practitioners and not our employees. Any opinions, advice, or information expressed by a healthcare facility, professional, specialist, or other Provider using or featured on the Service are solely their own and do not reflect our opinions.
We do not recommend or endorse any specific tests, Providers, products, procedures, medications, devices, opinions, or other information mentioned on the Service or by a Provider. We make no representations or warranties about the training or skill of any Providers offering services via the Service. You are responsible for choosing your Provider. The inclusion of Providers on the Service or in any directory does not imply endorsement and is not intended to verify the credentials, qualifications, or abilities of any Provider.
Medical advice provided by a Provider through the Services is based on your personal health data and the local standards of care for your symptoms, as provided by you to the Provider.
Patients may be required to provide certain Personal Information, such as name, date of birth, gender, address, email, and phone numbers, as well as a user ID and password. Optional information, such as middle name or initial, home phone, pharmacy details, and communication preferences, may also be provided. Additionally, Patients can share health-related information with the Provider during a video consultation. By using the Services, you consent to allow your Provider to obtain your medication history for care purposes.
The use of the Service to verify the credentials of Providers is prohibited.
Informed Consent & Risks: As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include delays in evaluation and treatment due to equipment deficiencies, breaches of privacy, and adverse drug interactions or allergic reactions due to incomplete medical records. You understand that telemedicine involves electronic communication of your personal medical information to practitioners who may be in different locations, including out of state. You may withdraw your consent at any time by contacting us to inactivate your account. Your healthcare information may be shared for treatment, payment, and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and summaries are shared. If you receive psychotherapy services, your therapist may limit the information provided to you if sharing it would be harmful. Your healthcare information may also be shared under certain circumstances, such as with a valid court order, suspected abuse reporting, or to prevent a serious threat to health or safety.
By using the Services and agreeing to these terms, you confirm that you have read, understand, and accept the risks and benefits of telemedicine. You consent to participate in a telemedicine visit under these terms. The scope of care will be at the discretion of the Provider, with no guarantee of diagnosis, treatment, or prescription. The Provider will determine if your condition is appropriate for a telehealth encounter via the Service.
15. Changes to These Terms of Service
MyOlivia reserves the right to modify, alter, or update these Terms of Service at any time. Such changes will be posted on the Site or communicated through other reasonable means, and you agree to be bound by these modifications, alterations, or updates. If you do not agree to the changes, you should terminate your use of the Services. Changes will become effective upon posting. Your continued use of the Services after any changes are posted constitutes your acceptance of the modifications, alterations, and updates.
