The Website is only offered to residents of the United States who are at least eighteen (18) years old (or the age of majority in the state of which you are a resident) and who are able to enter into an enforceable agreement with OvationCares. If you are not a resident of the United States, or are not a legal adult, you are not authorized to use the Website and must cease all further access to and use of the Website. By using the Website, you represent and warrant that you are located within the United States, are of legal age to form a binding contract with us, and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any Service we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services to specific users, which may or may not include you. You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that, in the event you set up an account, your account shall be personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
The Website, Services, and all content, features, and functionality on the Website (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the OvationCares Foundation, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except for purposes of:
- Making a donation through the Website; or
- Using the Website as a resource, provided you do not modify the Website and that you retain, without modification, all copyright and other proprietary notices contained on the Website.
If you wish to make any use of material on the Website other than that set out in this section, or are unsure whether a certain use of material would violate the terms of this section, please address your request to the email address provided in the Your Comments and Concerns section.
OvationCares’ name, the terms Ovation, OvationCares, Ovation HealthCare, the logos associated with OvationCares, and all related names, logos, product and service names, designs, and slogans are trademarks of OvationCares or its respective affiliates or licensors. You may not use such marks without the prior written permission of OvationCares. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Site Use
You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, or any other videos, pictures, logos, graphics, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the particular material). However, the content on the Website may be displayed, reformatted, or printed on your printer for use as personal reference.
You also agree not reverse engineer or break into the Website, or use any of our materials or Services in violation of any law. Your use of this Website is at the sole discretion of OvationCares, and OvationCares may terminate your use of this Website and/or the Services at any time and for any reason.
7. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate OvationCares or any of its affiliates, an employee of OvationCares or any of its affiliates, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm OvationCares or users of the Website, or expose OvationCares or any third party to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
8. Monitoring and Enforcement; Termination
We have the right to:
- Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. YOU WAIVE AND HOLD HARMLESS OVATIONCARES AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. Copyright Infringement
If you believe that any materials on the Website (“Materials”) violate your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us using the contact information provided in the Your Comments and Concerns section below and provide the following information:
- A clear statement identifying the works or marks that you believe to be infringed by the Materials.
- A statement from the owner, or authorized representative of the owner, of the works or marks that you believe to be infringed and not authorized by the owner.
- Sufficient information about the location of the allegedly infringing Materials so that we can find and verify their existence.
- Your name, telephone number, and email address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are the owner or authorized to act on the owner’s behalf.
- A signature or the electronic equivalent from the owner or authorized representative of the owner.
10. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content authored or provided by third parties, including materials provided by bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by OvationCares, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OvationCares. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Changes to the Website
We may update the content on this Website from time to time, but we do not guarantee that all content is complete or up-to-date at any given time. If you have a question as to whether certain content is complete or up-to-date, please contact us using the information in the Your Comments and Concerns section below.
12. Information About You and Your Visits to the Website
13. Online Donations
By making a donation through the Website, you acknowledge and agree that all donations are final and will not be refunded unless OvationCares, in its sole discretion, agrees to issue a refund.
When you make a donation through the Website, you represent and warrant that (i) information you supply to us in connection with your selected method of payment is true, correct and complete, (ii) you are duly authorized to use such payment method (i.e. that particular credit card, debit card, or bank account) for the donation, and (iii) charges incurred by you will be honored by your credit card company and/or bank. In the event that your payment method has been used to make a donation without your permission, or if you encounter any issues when making a donation, please contact us using the contact information in the Your Comments and Concerns section.
Donations made through the Website are offered to you using our third-party payment processor. All donations you make through the Website are governed by our third-party payment processor’s (currently Stripe) End User Terms of Service. By making or attempting to make a donation through the Website, you acknowledge and agree to be bound and to abide by the End User Terms of Service, which are subject to change. For more information, visit https://stripe.com/legal/end-users.
14. Online Applications
By applying for assistance through the Website, you acknowledge and agree that assistance is not guaranteed and is within the sole discretion of OvationCares.
When you make an application through the Website, you represent and warrant that (i) information you supply to us in connection with your application is true, correct and complete, (ii) you are duly authorized to submit such application, and (iii) your application is for a proper, authorized, and legitimate purpose. If you encounter any issues when submitting an application, please contact us using the contact information in the Your Comments and Concerns section.
15. Linking to the Website
You may link to our homepage, https://ovationcares.com/, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree not to:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
16. Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. Geographic Restrictions
OvationCares provides this Website from within the United States and for use only by persons located in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS AVAILABLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OVATIONCARES NOR ANY PERSON ASSOCIATED WITH OVATIONCARES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OVATIONCARES NOR ANYONE ASSOCIATED WITH OVATIONCARES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, OVATIONCARES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OVATIONCARES, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY, THEN YOU AGREE THAT IN NO EVENT WILL OVATIONCARES, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND EXCEEDING $5,000.00 UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
21. Governing Law and Jurisdiction
By accessing or using the Website, you agree that any past, present, or future claim, controversy, or dispute of any description (the “Dispute”) that you have arising out of, relating to, or in connection with this Website or OvationCares (including its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on its behalf) (collectively, “OvationCares Parties”) will be settled using the following steps of action, and only as a course of last resort.
22. Mediation and Arbitration
All disputes between you or your representative and OvationCares Parties shall be resolved by first submitting them to mediation. The mediation and arbitration will occur in the County of Williamson, Tennessee and be governed by Tennessee law.
If the Dispute is not resolved through mediation, then the matter shall be submitted to legally binding arbitration in accordance with the applicable Rules and Procedure of the American Arbitration Association (or “AAA”) or JAMS, except the AAA and JAMS Rules on class, consolidated, or multi-claimant arbitrations shall not apply. Notwithstanding any Rule or Procedure of the AAA or JAMS, you agree that the arbitrator shall be restricted to resolving only the Dispute between you and OvationCares Parties, and you will not be allowed to conduct any consolidated or class-wide arbitration proceedings. You waive any right to represent others in a class action or to participate as a class member in any class action.
You agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and expressly waive your right to file a lawsuit in any civil court against OvationCares Parties, except to enforce an arbitration decision or to compel arbitration. OvationCares is equally bound by this Mediation and Arbitration provision.
23. Limitation on Time to File Claims
THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
24. Waiver and Severability
25. Entire Agreement
26. Your Comments and Concerns
This website is operated by the OvationCares Foundation.
If you have any feedback, comments, requests for technical support, issues regarding a donation, application for assistance, requests for the removal of copyrighted or trademarked materials, and other communications relating to the Website or Services, please contact: