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Terms and Conditions of Use
Please read carefully the following Terms and Conditions of Use (“Terms”) before using this Service, purchasing a product, or interacting with Novalyx Health Technologies, LLC.
ARBITRATION NOTICE: THE “DISPUTE RESOLUTION; BINDING ARBITRATION” SECTION CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS-ACTION WAIVER, WHICH REQUIRES YOU AND NOVALYX TO RESOLVE MOST DISPUTES AND CLAIMS BY BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL.
Last Updated: June 18, 2025
Our websites and mobile versions of our websites (collectively, the “Site”), our mobile app, our AI Chatbot, and any website or service linking to these Terms and Conditions of Use (collectively, this “Service”) is being offered by Novalyx Health Technologies, LLC and its affiliates and subsidiaries (“Novalyx,” “we,” “us,” or “our”). This Service is subject to these Terms, which include, for clarity, the SMS Terms of Service (available below), the AI Chatbot Services Terms (available below), and any Additional Terms (as defined below).
Please review these Terms carefully before using this Service, purchasing a product, or interacting with Novalyx. IF YOU DO NOT AGREE TO ANY ASPECT OF THESE TERMS, PLEASE DO NOT USE THIS SERVICE.
If you have signed up under a Novalyx Professional account, we may refer to you in these Terms as Professional-Customer, Health-Care Practitioner, Practitioner-Customer, Authorized-Reseller, Reseller, Practitioner or Customer.
Depending on how you interact with this Service, including your role as Professional-Customer, Health-Care Practitioner, Practitioner-Customer, Authorized-Reseller, Reseller, Practitioner or Customer, your interactions with this Service may have separate terms and conditions that apply in addition to these Terms (“Additional Terms”). If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to your role in your interactions with us and/or specific service or feature unless the Additional Terms state otherwise.
Changes to the Terms and Changes to this Service
Novalyx reserves the right to modify these Terms at any time. Your continued use of this Service constitutes acceptance of revisions to these Terms that might be made, so please check this page regularly. Novalyx may, in its sole discretion and at any time, modify, suspend, or discontinue this Service or specific portions of it.
Acceptance and Termination
Your access to and use of this Service constitutes your agreement with Novalyx to be bound by, and to act in accordance with, these Terms.
If you do not agree to be bound by ALL of these Terms, or if these Terms are not enforceable where you are located, you may not use the Service. We would not provide the Service without the conditions herein. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.
You may terminate your use of this Service at any time. Novalyx may suspend, discontinue, or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms as determined by Novalyx in its sole discretion, or (ii) for any other reason in Novalyx's sole discretion. Novalyx may notify you of any such suspension, discontinuance, or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Novalyx upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). You agree that Novalyx shall not be liable to you for any suspension, discontinuance, termination, change, or modification of your use of or access to this Service.
Eligibility
This Service is intended for individuals aged eighteen (18) and older. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use this Service. We may, in our sole discretion, refuse to offer this Service to any person or entity and change its eligibility criteria at any time. This Service is offered only for your use, and not for the use or benefit of any third party, except as expressly permitted herein or in any Additional Terms. If you are an individual using this Service on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Service and to any such Organization.
Not Intended as Medical Advice
YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THIS SERVICE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND. THE INFORMATION PRESENTED THROUGH THIS SERVICE SHOULD NOT BE INTERPRETED OR CONSTRUED IN ANY WAY AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON THE SERVICE; DISCUSS YOUR TREATMENT OPTIONS WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD YOU ALTER YOUR EXISTING MEDICATION, SUPPLEMENTATION, OR DIETARY OR PHYSICAL REGIMEN BASED ON ANY INFORMATION PROVIDED THROUGH THE SERVICE WITHOUT CONSULTING WITH YOUR PHYSICIAN. SHOULD YOU HAVE ANY QUESTIONS IN CONNECTION WITH ANY INFORMATION PROVIDED THROUGH THE SERVICE, CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOUR ACCESS TO OR USE OF THE SERVICE IS NOT INTENDED TO CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON THE PART OF NOVALYX.
THE PRODUCTS AND CLAIMS MADE IN CONNECTION WITH PRODUCTS THROUGH THIS SERVICE HAVE NOT BEEN EVALUATED by the Food and Drug Administration AND ARE not intended to diagnose, treat, cure, or prevent any disease OR MEDICAL CONDITION. PRODUCT INFORMATION MAY VARY BY COUNTRY. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY SUPPLEMENTATION PROGRAM OR IF YOU SUSPECT YOU MAY HAVE A HEALTH PROBLEM.
PLEASE CAREFULLY READ ALL INFORMATION PROVIDED BY NOVALYX IN CONNECTION WITH ANY PRODUCT AND ON ANY PRODUCT LABEL OR PACKAGING BEFORE USING SUCH PRODUCT. EACH PERSON IS DIFFERENT AND THE WAY ONE PERSON REACTS TO A PRODUCT MAY BE SIGNIFICANTLY DIFFERENT THAN THE WAY ANOTHER PERSON REACTS. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY POTENTIAL INTERACTIONS BETWEEN THE PRODUCTS AND MEDICATIONS AND/OR SUPPLEMENTS YOU ARE CURRENTLY TAKING.
Terms of Sale
Novalyx reserves the right to revise the pricing of its products at any time and without advance notice. Novalyx reserves the right to discontinue or modify any of its products without advance notice. Novalyx is not responsible for any discounts extended by any healthcare practitioners, affiliates, or resellers, which may be modified or discontinued without involvement from Novalyx. Novalyx's products are shipped according to the standard methods of shipping in place at the time.
All purchases of items on this Service are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon delivery to the carrier or shipper of such items. We are not responsible for lost or stolen packages. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. We reserve the right, without prior notification to you, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on this Service are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of this Service. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. If a Novalyx product is received in damaged condition, then it should be reported promptly to Novalyx’s Customer Service Department. If a discrepancy exists between the quantity or items ordered and the quantity or items received, then Novalyx should be notified within seven business days of receipt of the shipment. If a Professional-Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Professional-Customer error, then the Professional Customer can be assessed a restocking fee and the shipping charges. Product returns should be pre-approved by Novalyx and received within 14 business days of authorization of the return. Please call Novalyx's Customer Service Department and speak with the Returns Agent for information about returning product. A Return Authorization is required for a product return. The Return Authorization form should be visible on the outside of the shipping box or on the mailing label. Novalyx can refuse to accept a returned product if the Return Authorization form is not visible. Novalyx must receive a returned product before a credit for the returned product can be issued. There is a processing fee on returned products. The Professional-Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved. You may be asked to supply certain information relevant to a transaction, including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. Any payment information entered on this Service is sent to our third-party payment processor and not to us. By placing an order on this Site, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THIS SERVICE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF AN ORGANIZATION. These Terms of Sale can be revised at any time. These Terms of Sale only apply to purchases of products on this Service. If you purchase any Novalyx products via another website or means, then the Terms of Sale of that seller shall apply.
Publicly Advertised Internet Sales
Novalyx has always acknowledged the merits of online commerce for our health-care practitioner-customers and end users of our products. Novalyx has established a Minimum Advertised Price (MAP) policy to protect its brand, reputation and image. Furthermore, we have always strived to ensure appropriate communication, medical education, and customer care standards for online resellers. Additionally, our long-held concern has not been resolved regarding the quality of service provided to end users who purchase our products through multiple proprietary e-storefronts and third-party ecommerce platforms, such as Amazon.com, Jet.com, ebay.com, etc. After careful evaluation and due consideration, Novalyx has concluded that a different model is needed for the sale of its products on the Internet; in particular, a model that ensures pricing parity and appropriate end user support.
Therefore, as of May 1, 2016, Novalyx has extended exclusive purchasing privileges to a single authorized Practitioner-Based Amazon account and a single authorized proprietary e-storefront account. Thus, all other publicly advertised Internet sales are prohibited.
Novalyx believes this Internet sales policy:
Ensures that end user inquiries are addressed promptly and accurately. Ensures accurate product tracking in the event of a product recall. Ensures proper tracking and resolution of adverse events. Ensures compliance with California's Proposition 65. Improves end user communications and customer service. Affiliate Marketing Program
Some Novalyx products can be offered as part of an Affiliate Marketing Program. Novalyx affiliates agree to abide by the Novalyx Affiliate Terms and Conditions as well as these Terms. Novalyx will designate who qualifies as a Novalyx affiliates for this purpose.
Additional Terms for Professional-Customers
Disease Claims: To protect Professional-Customers and Novalyx from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, Novalyx products cannot be displayed or mentioned within two clicks of any disease claim. Novalyx will periodically review a Professional-Customer's website and reserves the right to demand a Professional-Customer make changes to its website regarding any disease claim regarding a Novalyx product, even if Novalyx has previously approved or accepted the Professional-Customer's website or the material displayed thereon. Novalyx reserves the right to demand a Professional-Customer make changes to its website to the extent a Professional-Customer is making statements about Novalyx products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
Use of Novalyx Trademarks and Logos: Images and likenesses of Novalyx's trademarks and trade dress (including pictures of bottles bearing Novalyx labeling) and copyrighted product descriptions can be downloaded from Novalyx websites by Professional-Customers who have opened a Novalyx Professional account. A Professional-Customer does not have the right to, and shall not, affix any Novalyx trademark to any product or other material that is not a Novalyx product. A Professional-Customer agrees to use the trademark symbols "™" or "®" as appropriate, when displaying Novalyx's trademarked names or products, as an attribution of Novalyx's ownership of its trademarks. The use of a Novalyx trademark does not give a Professional-Customer any ownership right, title, or interest, express or implied, in the trademark. A Professional-Customer's use of Novalyx's trademarks should be accompanied by a statement that substantially states the following: "Novalyx trademarks are used with permission." A Professional-Customer should not use Novalyx's trademarks except in the form, context, and location that is acceptable to Novalyx. Novalyx will periodically review Professional-Customer websites and reserves the right to demand that a Professional-Customer make changes to its website regarding the use of intellectual property owned or controlled by Novalyx, even if Novalyx has previously approved or accepted the Professional-Customer's website or the material displayed thereon. A Professional-Customer must not use any Novalyx product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name. The Novalyx logo can only be used by Professional-Customers in the form supplied by Novalyx for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Novalyx. The Novalyx logo may be accompanied by a statement indicating "I (We) proudly offer [insert Novalyx logo] products." No other statements may be affiliated with use of the Novalyx logo.
Violations of any Professional-Customer Terms: A Professional-Customer who violates any of the terms of Novalyx’s Publicly Advertised Internet Sales Section, the terms of this Additional Terms for Professional Customers section, or any other terms of these Terms will receive a written notice from Novalyx that the Professional-Customer is in violation of the applicable terms. If the Professional-Customer does not come into compliance with the terms, then the Professional-Customer will no longer be able to purchase Novalyx products. A Professional-Customer who corrects their website to bring it into compliance with these terms should promptly notify Novalyx. Novalyx will review the website and if Novalyx determines the website is in compliance with this policy, then the Professional-Customer's account will be reactivated. Novalyx has adopted a zero-tolerance approach to violations of these terms by Professional-Customers. Professional-Customers acknowledge that upon any subsequent breach of any provision of these terms, Novalyx may terminate the Professional-Customer's account without notice.
User Accounts
Some portions of this Service are restricted and require a user identification code ("User ID") and a personal security code ("Password") for access. Unauthorized use of or access of such restricted portions of the Service is prohibited. In accessing portions of this Service requiring a User ID and Password, you agree that Novalyx is entitled to act on instructions received under your User ID and Password and that Novalyx is not liable for any unauthorized access to your personal information.
You must keep your User ID and Password confidential and you should notify Novalyx promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of the Service has occurred or may occur. You must not allow any third party to access the Service using your User ID and Password. You are prohibited from using anyone else’s User ID and Password to access the Service. You are responsible for any use of the Service by any third party who accesses the Service using your User ID and Password. You are responsible for ensuring that any information that you provide to Novalyx as part of the User ID registration process is accurate and kept up-to-date at all times, and you will notify Novalyx immediately of any changes to this information. Novalyx may block access to the restricted portions of the Service without prior notice if we believe your User ID and/or Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.
Subscriptions
Some of this Service, such as the purchase of auto-replacing product or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You can specify how regularly you would like to order any auto-replacing products. Any Subscription Services (as defined below) are subject to the terms in this Section. You can cancel your Subscription Services at any time by going into your account.
Auto-Renewal for Subscription Services: Unless you opt out of auto-renewal, which can be done through your account, any subscription services, such as any auto-replacing products (each, a "Subscription Service" and collectively, “Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate less any applicable discounts. To change or cancel your Subscription Services at any time, go to your account. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment. YOU AGREE WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO your account. YOU ACKNOWLEDGE THAT YOUR PERIODIC CHARGES MAY DIFFER FROM MONTH TO MONTH BASED ON DIFFERING FREQUENCIES IN THE PRODUCTS YOU’VE ORDERED AND/OR CHANGES IN ANY APPLICABLE DISCOUNTS.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER ID OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE VIA your account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF SUBSCRIPTION SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION SERVICES AS SET FORTH HEREIN.
Reaffirmation of Authorization: Your non-termination or continued use of a Subscription Service reaffirms that we are authorized to charge your payment method for that portion of the Subscription Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use such portion of the Subscription Service.
Right to Use This Service and the Materials; Restrictions
Except where otherwise indicated, all right, title, and interest in and to this Service, including all text, designs, images, videos, graphics, and other content and materials on the Service (collectively, "Materials"), are owned by Novalyx and its licensors.
Novalyx grants to you a personal, nontransferable right to access and use this Service (including any Materials) for your own personal, lawful, non-commercial use strictly in accordance with these Terms (Professional-Customers may use for commercial use in strict accordance with the Professional-Customer terms). Novalyx may, in its sole discretion, suspend, discontinue, or terminate your rights to access or use this Service at any time for any reason. In connection with your use of the Materials, you must keep intact all copyright, trademark, and other proprietary notices on the Materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer this Service or any portion thereof.
Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this Service’s content or Materials, or frame this Service within any other website, without the prior written permission from Novalyx. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Novalyx, is prohibited. Linking from another website to any page in the Service is prohibited without the prior permission from Novalyx. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Novalyx in its sole discretion.
Any modification of the Materials or use of the Materials for any purpose not permitted in these Terms is a violation of Novalyx's or its licensors' copyright and other proprietary rights. Your use of any of Novalyx’s trademarks in any manner other than as authorized in these Terms, or as authorized in writing by Novalyx, is strictly prohibited. All rights not expressly granted to you are reserved by Novalyx or its licensors.
User Code of Conduct
This Service may let you share content with us as well as others, so please think carefully about what you share. You agree to grant to us and our designees a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sublicense, reproduce, distribute, transmit, provide access to, make available, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) that you submit to or through this Service (“Submission”) by all means and in any media or any mode of distribution now known or hereafter developed. You agree that we shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. You further agree that we shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in your Submissions.
We welcome feedback, but note that we may use ideas, comments or suggestions without any obligation or compensation to you.
In using or accessing this Service, you agree, without limitation:
to use this Service in compliance with all applicable laws, rules, and regulations as well as Novalyx’s requirements; not to use this Service in breach of these Terms; not to use this Service for commercial purposes, except as expressly permitted by Novalyx in writing; not to "spam" others or "phish" for others' personal information; not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part of this Service; not to upload, post, or otherwise transmit through or on this Service any viruses or other harmful, disruptive, or destructive files; not to use, frame, or utilize framing techniques to enclose any part of this Service without Novalyx’s express prior written consent; not to use meta tags or any other "hidden text" utilizing any Trademark without Novalyx’s express prior written consent; not to "deeplink" to this Service without Novalyx’s express prior written consent; not to create or use a false identity on this Service; not to collect or store personal information about others; not to obtain nor attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access; not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third-party proprietary rights, or is in violation of any law or regulation; not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity, and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant us and our designees the rights set forth in these Terms; not to use the features of this Service at any web site other than a merchant, retail, or social networking web site as permitted under these Terms. Such restricted web sites shall include, without limitation, blogs and other online publications; not to use this Service in breach of any Third-Party Website’s (as defined below) terms and conditions; and not to use the Service for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating, future litigation or arbitration, including using the Service in order to trigger or induce an alleged violation of any law. You agree to immediately notify Novalyx if you suspect illegal, fraudulent, or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your User ID and Password. If you notify Novalyx, or we otherwise suspect such activity, you agree to cooperate with Novalyx in any investigation and follow Novalyx’s requirements for responding to such incident.
Geographic Scope
Unless otherwise specified on or by this Service, this Service is intended to promote only those Novalyx products that are sold generally by Novalyx in the United States and its territories and possessions, not targeted to any such particular jurisdiction, and Novalyx makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.
Third-Party Websites
This Service may contain links to other websites ("Third-Party Websites") that are not maintained by Novalyx. Novalyx has no control over these Third-Party Websites and is not responsible or liable for the availability, security, content, or resources of such Third-Party Websites. These links are provided solely for your convenience and the inclusion of any link does not imply a referral by Novalyx to, nor an endorsement by Novalyx of, the linked Third-Party Website or any products or services, or other materials on or available from such Third-Party Website. Novalyx makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, any Third-Party Website. In addition, Novalyx is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third-Party Websites. Novalyx recommends you take the time to read the privacy policy and the terms and conditions of use of any Third-Party Website.
Privacy Policy
Please review our Privacy Policy and Consumer Health Data Privacy Policy , which describes how Novalyx will collect, use and disclose personal information provided or collected via the Service.
Indemnification
You agree to indemnify and hold the Novalyx Parties (as defined below) harmless from any claim or demand - including reasonable attorneys' fees - made by any third party due to or arising out of your use of this Service or any breach of these Terms or your violation of any law or the rights of a third party.
Disclaimer of Warranties
THIS SERVICE AND ITS CONTENT AND MATERIALS IS PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVALYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOVALYX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. NOVALYX UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
NOVALYX MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT NOVALYX) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NOVALYX, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "NOVALYX PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, STATUTE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR SHARED THROUGH THIS SERVICE, INCLUDING INFORMATION SHARED TO THIRD PARTIES. THE NOVALYX PARTIES SHALL NOT BE LIABLE EVEN IF THE NOVALYX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations to Disclaimer of Warranties and Limitation of Liability
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Novalyx Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service. You understand that the “Disclaimers of Warranties” and “Limitation of Liability” sections are an essential aspect of our ability to provide the Service to you, and that we would not be able to do so without these provisions. If you do not intend to honor these provisions, do not use this Service.
Apple-Specific Terms
We may offer mobile applications available for download. If you downloaded one of our mobile applications from the Apple® App Store™, (i) you and Novalyx acknowledge that these Terms are between you, as the end user, and Novalyx. Novalyx, not Apple, Inc. (“Apple”), is solely responsible for the mobile application and the content therein as between Apple and Novalyx; (ii) you acknowledge that the license granted above only permits your use of the mobile application on any Apple-branded products owned or controlled by you and as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions, except that the mobile application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing; (iii) you acknowledge that Apple has no obligation to furnish any maintenance or support for the mobile application, and you and Novalyx acknowledge that Novalyx, not Apple, is solely responsible for providing any maintenance and support with respect to the mobile application, as communicated by Novalyx to you in writing, or as required by applicable law; (iv) Novalyx, not Apple, is solely responsible for any product warranties, and in the event of any failure of the mobile application to conform to any applicable warranty, the end user may notify Apple, and Apple will refund the purchase price (if any) for the mobile application to that end user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Novalyx’s sole responsibility; (v) you and Novalyx acknowledge that Novalyx, not Apple, is responsible for addressing any claims of the end user or any third party relating to the mobile application or the end user’s possession and/or use of the mobile application, including, but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, including in connection with the mobile application’s use of the HealthKit and HomeKit frameworks (if any); (vi) you and Novalyx acknowledge that in the event of any third party claim that the mobile application or the end user’s possession and use of that mobile application infringes that third party’s intellectual property rights, Novalyx, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties; and (viii) your and Novalyx acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the end user as a third party beneficiary thereof.
Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND NOVALYX TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND NOVALYX CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND NOVALYX FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND NOVALYX AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. NOVALYX AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY A JURY. THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SUBSECTION “OPTING OUT OF ARBITRATION,” IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of this Arbitration Agreement and the arbitrability of any controversy, claim, counterclaim, or other disputes between you and Novalyx or you and a third-party agent of Novalyx’s (a “Claim”), including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Novalyx or if Novalyx has a Claim against you, you and Novalyx will first attempt to resolve the Claim informally for faster resolution and to reduce costs for both parties. You and Novalyx will make a good-faith effort to negotiate the resolution of any Claim for 60 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party, describing the nature of the dispute, the basis of the Claims and resolution the party is seeking, including monetary amount, with as much detail as possible so the other party can gain a sufficient understanding of the dispute (a “Claimant Notice”) in accordance with these Terms. To initiate this good faith effort to informally resolve a Claim, you will send any Claimant Notice to Novalyx by overnight mail addressed to Novalyx Research, Inc. at Novalyx Research, Inc. Attn: Legal Department, 620 Omni Industrial Blvd, Summerville, SC 29486. Novalyx will send any Claimant Notice to you by overnight mail. The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. During the Information Resolution Period, the parties agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference. A party may have an attorney attend the call if they wish. You or Novalyx can file a Claim in arbitration only after the end of the Informal Resolution Period. Compliance with and completing the information dispute resolution process is a condition precedent to commencing an arbitration and you or Novalyx cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Novalyx file a Claim in court or proceed to arbitration without complying with the requirements in this section, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach. The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
Arbitration Agreement and Waiver of Certain Rights. You and Novalyx agree that, except as set forth below, the parties will resolve any Claims through binding and final arbitration instead of through court proceedings, in accordance with the Rules (as defined below). This Arbitration Agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The Rules are available at www.adr.org or by calling 1-800-778-7879.
Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Novalyx as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Novalyx as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this “Dispute Resolution; Binding Arbitration” section will be substantively and procedurally governed by the FAA to the extent permitted by law.
Neither you nor Novalyx may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Novalyx’s individual Claims. If for any reason a Claim proceeds in court rather than in arbitration you and Novalyx each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.
The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. To the extent that you prevail on a Claim and seek public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration, after which the civil court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the civil court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
As a condition precedent to begin an arbitration proceeding, you will send us an individual letter, certified mail, return receipt requested, signed by you requesting arbitration and describing your Claim to: Novalyx Research, Inc. Attn: Legal Department, 620 Omni Industrial Blvd, Summerville, SC 29486. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us. You may then initiate arbitration of any Claim not resolved during the Informal Resolution Period and not excluded under “Claims Subject to Binding Arbitration; Exceptions” subsection by filing a demand for arbitration with AAA in accordance with the Rules. Instructions for filing a demand for with AAA are available on the AAA website. The arbitration will be conducted by a single arbitrator in the English language. You and Novalyx both agree that the arbitrator will be bound by these Terms.
For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by videoconference or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Charleston County, South Carolina, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Novalyx agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
You and Novalyx also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph.
In addition, you and Novalyx retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Arbitration Fees. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorney may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
Confidentiality. If you or Novalyx serve a Claimant Notice or submit a Claim to arbitration, you and Novalyx agree to cooperate to seek protection (from the arbitrator or otherwise) for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery. You and Novalyx agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery.
One Year to Assert Claims. To the extent permitted by law, any Claim by you or Novalyx against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Novalyx will no longer have the right to assert that Claim. You acknowledge that if you are in breach of any provisions of these Terms of Use, you shall not have the right to enforce any of the provisions herein. This includes, but is not limited to, any rights or remedies that would otherwise be available to you under these Terms.
Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Novalyx may advise the other of your or Novalyx’s belief that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court.
   Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this subsection. A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. Each Mass Arbitration chosen for a bellwether will otherwise be subject to the terms of this section generally applicable to Claims filed in arbitration.

   Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Novalyx. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

   Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this section apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party (or to the opposing party if they do not have counsel) within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with “Jurisdiction; Enforceability” section, below. If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the AAA will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The AAA will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. A single arbitrator will preside over each Mass Arbitration chosen for this second batch, and only one Mass Arbitration may be assigned to each arbitrator as part of this second batch unless the parties agree otherwise. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated. Each Mass Arbitration chosen for a batch will otherwise be subject to the terms of this section generally applicable to Claims filed in arbitration. If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by sending notice by mail addressed to Novalyx Research, Inc. Attn: Legal Department, 620 Omni Industrial Blvd, Summerville, SC 29486. To be effective, the opt-out notice must be received by us within the 30-day period and must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the “Jurisdiction; Enforceability” section below.
Rejection of Future Arbitration Changes. You may reject any change we make to this “Dispute Resolution; Binding Arbitration” section (except address changes) by sending us notice of your rejection within 30 days of the change via mail addressed to Novalyx Research, Inc. Attn: Legal Department, 620 Omni Industrial Blvd, Summerville, SC 29486. To be effective, your rejection must be received by us within the 30-day period and must include your full name, mailing address, and email address and clearly indicate your intent to reject changes. Changes to “Dispute Resolution; Binding Arbitration” section may only be rejected as a whole, and you may not reject only certain changes to “Dispute Resolution; Binding Arbitration” section. If you reject changes made to “Dispute Resolution; Binding Arbitration” section, the most recent version of “Dispute Resolution; Binding Arbitration” section that you have not rejected will continue to apply.
Severability of this Arbitration Agreement. If any portion of this “Dispute Resolution; Binding Arbitration” section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this “Dispute Resolution; Binding Arbitration” section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this “Dispute Resolution; Binding Arbitration” section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this “Dispute Resolution; Binding Arbitration” section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this “Dispute Resolution; Binding Arbitration” section will be enforceable.
Waiver of Jury Trial
NOVALYX AND YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THIS SERVICE, THESE TERMS (INCLUDING THE SMS TERMS OF SERVICE, THE AI CHATBOT SERVICE TERMS, AND ANY ADDITIONAL TERMS), OR ANY PROGRAM.
Notice For California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
No Waiver
Any failure or delay by Novalyx in enforcing any provision of these Terms will not be considered a waiver of such provision and will not prevent Novalyx from enforcing the provision at a later date. Neither the receipt of any funds by Novalyx nor the reliance of any person on Novalyx’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Novalyx shall have any legal effect whatsoever.
Headings and Captions
The paragraph/section titles in these Terms (including the SMS Terms of Service, the AI Chatbot Service Terms, and Additional Terms) are for convenience only and have no legal or contractual effect.
Governing Law; Additional Dispute Resolution Terms
Your use of this Service, participation in any Program and any disputes arising under or related to these Terms (including the SMS Terms of Service, the AI Chatbot Service Terms and any Additional Terms) or related to use of this Service (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of South Carolina, without reference to its conflicts of law principles.
Any disputes not subject to arbitration pursuant to the “Dispute Resolution; Binding Arbitration” section above, shall be resolved by a court located in Charleston County, South Carolina and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, (a) any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity.
Severability
Should any provision of these Terms (including the SMS Terms of Service, AI Chatbot Services Terms or any Additional Terms) be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.
SMS Terms of Service
  1. The terms of service for Novalyx SMS are outlined below. Users can expect to receive transactional and informational messages and – occasionally – marketing messages sent via SMS (text message). Message examples include order status updates and promotions. We offer one or more text messaging programs (each, a “Program”), which you agree are subject to these SMS Terms of Service. By opting into or participating in any of our Programs, you accept and agree to these SMS Terms of Service and the Terms, including, without limitation, your agreement to resolve any disputes as detailed in the “Dispute Resolution; Binding Arbitration” section above. The message frequency varies.
  1. When you opt-in to the Program, we will send you an SMS message to confirm your signup. By participating in the Program, you agree to receive autodialed or prerecorded marketing SMS messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our SMS messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. By opting into the Program and providing us with a mobile phone number when you opt-in, you represent that you are the subscriber for or authorized user of the mobile phone number that you provided to us, are authorized to consent to the receipt of text messages at that number, and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier.
  1. You can cancel this service at any time. Text "STOP", “QUIT”, “END”, “CANCEL” or “UNSUBSCRIBE” to "25816." After you send the message "STOP" , “QUIT”, “END”, “CANCEL” or “UNSUBSCRIBE” to us, we will send you a reply message to confirm you have been unsubscribed. After this, you will no longer receive messages from us. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out. If you want to join again, then sign up as you did the first time, and we will begin sending messages to you again.
  1. If at any time you forget which keywords are supported, then text "HELP" to "25816." After you send the message "HELP" to us, we will respond with instructions on how to use our service, as well as how to unsubscribe. You may also contact Customer Service at support@thorne.com.
  1. Carriers, including T-Mobile and Verizon, are not liable for delayed or undelivered messages. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any SMS messages connected with a Program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control.
  1. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your text plan or data plan, then contact your wireless provider. For questions about the services provided by this short code, send an email to support@thorne.com.
  1. If you have any questions regarding privacy, then read our Privacy Policy.
  1. Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Novalyx to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to a mobile texting program involving the provision of advertising and/or telemarketing messages, you authorize Novalyx to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing support@thorne.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
  1. When you complete forms online or otherwise provide us information in connection with the Programs, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into any of the Program for an ulterior purpose, we may refuse you access to such Program and pursue any appropriate legal remedies.
  1. We reserve the right to revise these SMS Terms of Service from time to time. If we do revise these SMS Terms of Service, the revised terms will supersede prior revisions. Please visit this site periodically to keep up to date with the current terms regarding the Program. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your continued participation in each Program constitutes your acceptable of any revisions and reaffirms your continuing agreement to the then-current Terms. If you do not agree to the revisions, you must opt out of the applicable Program(s).
AI Chatbot Services Terms
These AI Chatbot Services Terms (“AI Chatbot Terms”) are to inform users of the limitations and usage guidelines of the artificial intelligence chatbot (“AI Chatbot”) provided by Novalyx Research, Inc. (“Novalyx”, “us”, “we”). The user (“you”, “your”) is defined as the person using the AI Chatbot. For clarity, your use of the AI Chatbot is subject to all of the Terms.
Please read these AI Chatbot Terms carefully before engaging with the AI Chatbot. By accessing this AI Chatbot and interacting with it, you agree to these AI Chatbot Terms. If you do not agree with these AI Chatbot Terms, please refrain from using the AI Chatbot.
IMPORTANT: THE AI CHATBOT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
General Information
The AI Chatbot is an automated system powered by certain third-party generative artificial intelligence tools, algorithms, and large language models. The AI Chatbot is designed to give you personalized advice and recommendations related to our products. The information provided is for informational purposes only and is not intended to be comprehensive, nor to constitute legal, financial, or medical advice.
Your Use of the AI Chatbot and Your Responsibilities
The AI Chatbot is intended for persons over 18 years of age or the age of legal majority where you live. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the AI Chatbot.
By using the AI Chatbot, you agree (1) to use the AI Chatbot for its intended purposes only – namely to receive personalized advice and recommendations related to our products; (2) not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene, harmful or inappropriate content in any form through the AI Chatbot; (3) not to use the AI Chatbot to conduct illegal or immoral activities; (4) not to attempt to compromise the security of the AI Chatbot or access confidential information through your use of the AI Chatbot; and (5) not to copy, distribute, modify, reverse engineer, decompile or attempt to extract the source code of the AI Chatbot or any part of it.
For purpose of these AI Chatbot Terms, “User Input” means any information that you provide to us when using and interacting with the AI Chatbot, including any responses to prompts or questions provided by the AI Chatbot, and “Output” means the responses provided in response to User Inputs. User Input and Output are collectively referred to in these AI Chatbot Terms as “Content.”
You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to us an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute, reproduce, publish, list information regarding, and make derivative works of: (A) User Inputs to generate Outputs and to otherwise provide the AI Chatbot to you; (B) User Inputs and Outputs to develop and improve our products and services, including the Taia tool, and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends; and (C) User Inputs and Outputs to perform such other actions as described in our Privacy Policy and Consumer Health Data Privacy Policy or as authorized by you in connection with your use of the AI Chatbot, including for us to market Novalyx product to you and to help operate our business. Novalyx will retain your User Inputs for up to 30 days. For logged-in users, chat history will be retained for up to 12 months; however, any chat history you manually delete is permanently removed and not retained.
You, not Novalyx, are solely responsible for all Content, including without limitation for ensuring the accuracy of all Output, and that all Content does not violate any applicable law, these AI Chatbot Terms, and any other rules and guidelines that we may make available. You should verify any Output before taking any action or making any decisions based on the information received; always consult with a medical professional regarding any medical decisions. We have the right (but not the obligation), in our sole and absolute discretion, to remove any Content from the Service.
Availability; Modifications
This AI Chatbot is provided on an “as is” “where is” basis. We expressly reserve the right to modify, add or delete individual or all AI Chatbot functionalities without notice, or to discontinue the AI Chatbot temporarily or permanently and we provide no guarantee for the uninterrupted accessibility of the AI Chatbot.
Data Privacy
We may collect personal information from you if you share any as part of your User Inputs. Do not share in your conversation through the AI Chatbot any personal information that is not useful and/or requested. Please review our Privacy Policy and Consumer Health Data Privacy Policy , which describes how Novalyx will collect, use and disclose personal information provided or collected via the AI Chatbot.
Disclaimers
Artificial intelligence and machine learning are rapidly evolving fields of study. We cannot and do not guarantee the accuracy or the completeness of any Outputs provided. The AI Chatbot may, at times, provide information that is inaccurate, incomplete, outdated, or not relevant. We make no representations, warranties, or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of this AI Chatbot or the Output it provides. You must not use any Output relating to a person for any purpose that could have a legal or material impact, such as making legal or medical decisions. The AI Chatbot may provide incomplete, incorrect, or offensive Output that does not represent Novalyx’s views. The AI Chatbot may provide links to other websites operated by third parties. Those links are provided for your convenience only, do not suggest any endorsement of those third-party links or content by Novalyx, and we are not responsible for their use, effect, or content.
THE NOVALYX PARTIES do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages (whether direct, indirect, incidental, consequential, or otherwise) resulting from your use of the AI Chatbot.
YOU ARE SOLELY RESPONSIBLE FOR USER INPUTS AND THE CONSEQUENCES OF POSTING, PUBLISHING, SHARING, OR OTHERWISE MAKING USER INPUTS AVAILABLE TO US THROUGH THE AI CHATBOT, AND YOU ARE SOLELY RESPONSIBLE FOR ALL OUTPUTS GENERATED THROUGH YOUR USE OF THE AI CHATBOT.
YOU UNDERSTAND AND AGREE THAT OUTPUTS MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUTS OR OTHER CONTENT GENERATED OR ACCESSED ON OR THROUGH THE AI CHATBOT.
Not Intended as Medical or Other Professional Advice
The Output provided by the AI Chatbot, including any Al-generated content, product recommendations, summaries, reports, results or other responses (each, a “Response,” and collectively, "Responses"), is not a substitute for the advice of a physician or other qualified health care professional, and should not be considered, or used as a substitute for, medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it based on anything that appears or does not appear on or through the AI Chatbot including, for clarity, in any Responses). The AI Chatbot is not for medical emergencies or urgent situations.
If the AI Chatbot provides information that is related to a professional field (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Al-Generated Response Disclaimer
Responses are for informational purposes only and do not constitute medical advice. They are derived from data analyzed by Al and/or machine learning algorithms and may reflect general guidelines, but under no circumstances are they a definitive medical diagnosis or treatment regimen. The accuracy of Al-generated information cannot be guaranteed. Any Outputs are dependent on the quality and completeness of the data provided. You should carefully review this information with your physician or other healthcare provider and not rely solely on it for any decision-making purposes.
YOU AGREE THAT YOUR ADHERENCE TO, RELIANCE ON, OR PARTICIPATION IN ANY ACTION, ACTIVITY, GUIDANCE, RECOMMENDATION, OR INSTRUCTION INCLUDED WITHIN OR MADE AVAILABLE IN CONNECTION WITH A RESPONSE IS AT YOUR OWN RISK. THE NOVALYX PARTIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY RESPONSE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR (OR ANY THIRD PARTY’S) ACCESS TO OR USE OF ANY RESPONSE OR ANY PORTION THEREOF.